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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10611
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother died in 2002. In her will she left 34% of her

Customer Question

My mother died in 2002. In her will she left 34% of her house to her 3 daughters (I am a daughter) and 1 son. Her oldest daughter (my sister) lived with her since buying the house together in the late 1980s. 34% of the finance for the house was from my mother, and the remaining 66% from my sister and her husband. In my mother's will she allowed for my sister to remain in the house until she wished to leave or she died and only then to share the 34% of the house to her daughters and son. I don't believe my mother's name is ***** ***** house deeds and so I am wondering if this means that only the amount of money contributed to the purchase of the house will be shared between her offspring and not 34% of the value of the house?
Submitted: 19 days ago.
Category: Law
Expert:  Aston Lawyer replied 19 days ago.

Hi,

Thanks for your enquiry.

You do need to establish if your Mother's name is ***** ***** Deeds. If her name is ***** ***** the Deeds, and was not at the time of her passing, then legally she has nothing to leave to the 4 of you as she did not legally own the property or any share in it.

The only exception to this would be

if your other sister had entered into a Deed of Trust with your Mother stating that she "holds 34% of the value of the property or a set amount upon trust for your Mother". In such circumstances, this would mean that the respective share in the property now forms part of your Mother's Estate and as such, should be divided in accordance with your Mother's Will.

Does this assist?

Kind Regards

Al

Expert:  Aston Lawyer replied 19 days ago.

Hi, can I assist you any further? Kind Regards Al