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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10710
Experience:  Barrister 17 years experience
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My mother when she died left the entirety of her estate

Customer Question

My mother when she died left the entirety of her estate equally to myself and my sister including family heirlooms and photographs, she is now dyeing of chronic bowel disease and wishes to leave them to another person, can she do this as they were left equally to us both and I wish for them to stay in the family.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, can you clarify one point on which your question is not clear. Who is now dying - your mother or your sister? When did your mother die? Who has possession of the heirlooms and photographs at the moment? Who is the person to whom the heirlooms are now being left and by whom?

Customer: replied 1 year ago.
My mother died in March 2015. My sister is now dying. The possession of the heirlooms and photographs is currently with us both as we live together. My sister has indicated in her will she wishes to leave the heirlooms and photographs to her old piano teacher.
Expert:  Buachaill replied 1 year ago.

2. Dear *****, your sister only owns a half share in the heirlooms and photographs. Accordingly, she cannot leave more than a half share in the heirlooms to her piano teacher. Additionally, after your sister dies, you will have possession of the family heirlooms and photographs so the piano teacher will not be able to obtain possession of them without your consent. At this stage you will have to reach some agreement either to share out the ownership of the photos and heirlooms or else to each have them for a certain period of time each year. However, be sure to retain possession of the family heirlooms and photos as ultimately, this will ensure that you don't lose possession of them if the piano teacher wishes to exercise her right to a half share.

Expert:  Buachaill replied 1 year ago.

3. However, what I would suggest is that you seek to purchase your sister's half share in whatever items interest you so they don't form part of her will. This will avoid the messy business of attempting to maintain a half share ownership arrangement with the piano teacher.

Expert:  Buachaill replied 1 year ago.

4. However, the bot***** *****ne is that your sister can will her half share to whoever she likes even though you might currently share joint ownership. There is no succession to moveables by the right of surviviorship. Each party can will a half share to whoever they wish when they die. So, your sister can dispose of her half share however she wishes.

Expert:  Buachaill replied 1 year ago.

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