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RJM Law, Lawyer
Category: Law
Satisfied Customers: 3774
Experience:  LL.B (Hons)
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Sorry this is a sad one My brother has just died, he

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Sorry this is a sad one
My brother has just died , he committed suicide.
I have come back from NZ to help my mum who is 75.
He signed his will on the night he took his life but it was not witnessed.
I have since found that he took out a mortgage, using my mother’s house as collateral for £300000.00
He was supposed to be using it as a deposit on a house.and he was the one that was repaying it.
He instead stuck it on trading foreign exchange, he lost her money and his own , there is nothing left.
The will is of course worthless without being countersigned
And the mother of his child who is 3 is now after executer of his will.( he has not been with her for 2 years) and he named his mum as executor in his non legal will.
The mortgage is a single borrower joint something or another, I’ve not heard of it before.
He has £360000 in insurances which will pay, plus one for the amount of the mortgage, so another £300000 which will not pay as he committed suicide within 12 months of taking it out.
Will my mothers house be safe?will it be paid. By the estate?
He owes her another £100000 but my only worry is she will lose her house as she has no way of paying on her pension.
Some insight would be great

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Thank you for the question.  I am sincerely ***** ***** hear about your situation.

You are going to want to look at instructing a solicitor to deal with the matter as there are a few issues that will need to legally be determined.  Firstly, the Will is not valid, however, if required it could show the court his intention.

You are going to want to obtain a copy of the loan which has been taken, if he has taken this in his sole name the debt would sit with the estate.  The issue there is that if he has his name on the property, at very least the creditor can put a security over it meaning they would get the money from the proceeds of a sale.  If the loan has been obtained fraudulently this is going to be a difficult matter.  The main goal here, assuming your mother still lives in the house, is securing the property.

You are going to have to look at his ownership of the house, whether he was allowed to do this, if the debt is in his sole name or in joint with your mother.   I am sorry to say that this money is going to have to be paid, back and as the house is collateral, it is going to cause some issues.  You will need to take some instruction to mitigate this as best as  possible, however that would be the job of your legal representative, not something this website can do I am afraid.

I just want to say that this is a terrible situation and I am very sorry you and your mother have been put in this situation.  I sincerely ***** ***** are able to obtain a satisfactory remedy.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

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