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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11142
Experience:  30 years as a practising solicitor.
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I have lived in my mothers house years as her carer

Resolved Question:

I have lived in my mothers house for 12 years as her carer and looked after my father before in St Andrews. This is my only home and I gave up work as a Teacher and now work part time to look after my Mother. I am 56 years old. The house is worth about £320 thousand and is run down a bit. Mother has willed half the house to my brother in London, who has his own house. Do I have the right under Scottish Law to stay in the house when Mother dies, she is nearly 88 years. I have no money and couldn't buy out my brother, neither could he buy out me. Could I contest the Will when the time comes and maybe win?? Marion
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland.
You would have no right to stay in the house after your mothers death if your brother wanted it sold. The only way to achieve this is for your mother to provide for this by granting you a liferent interest in the house. That would allow you to stay in the house after her death.
The will would not be challengable and in any event you would not want to get involved in litigation which would substantially reduce the value of the estate.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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