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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Brother and my Mother moved in together, my Mum put a

Customer Question

For Ben Jones My Brother and my Mother moved in together, my Mum put a deposit down of £140 000 and my brother nothing. they pay half of the morgage each. Mum has recently informed me that at the last minute my brother told her only his name could go on the deeds as he has the morgage for the rest of the money in his name. She has now produced a Deed of trust which said if she dies he gets the house and if he dies she gets the house. He is an Estate agent manager. Now my Mum is concered, she said at first that she would be sure if she died he would share out the £140 000 she put in with my sister and I. My Mother is now in the stages of terninal illness now and my sister and i are concerned that he will not do the right thing at the end, my mother has said of her concern to, as his behaviour is very distant. Please could you give us some advise as we do not know what to do, is there anything legal we could arrainge so that my sister and i get our fair share. Many thanks Emily
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I have explained all i can
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, thanks for requesting me - unfortunately this is a question which is not within my area of law. I will open to it to all other experts and someone will hopefully pick it up soon. Please do not reply to this as it will just lock the question back to me. Many thanks

Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Does your mother still have mental capacity?

Customer: replied 2 months ago.
Hi ClareYes she does !
Expert:  Clare replied 2 months ago.

is she able to get out and see a solicitor?

Customer: replied 2 months ago.
No, sadly she is bed bound on oxygen
Expert:  Clare replied 2 months ago.

can you arrange for a solicitor to visit her?

Customer: replied 2 months ago.
I was not sure if they did that, but i could phone around, i also am conserned of the cost. That is why i am on hear to get advise what we should do or find out
Expert:  Clare replied 2 months ago.

Given that he has created a Deed of Trust that states that he gets the house in the event of her death it is unlikely that your brother intends to play fair and share the equity with you and your other sibling.

That being the case it is important that your mother gives a clear statement about what happened and what her wishes are.

This needs to be dealt with by a solicitor - and there also needs to be a medical report confirming that your mother does have mental capacity.

This can then be used to challenge your brother after her death if need be.

Please ask if you need further details

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