Worried about Fathers will when sister living with my Dad in my Dad's house.

[philpye]

My Dad lives on his own in his home with no outstanding mortgage and I know he has a Will and that his wish is for the house to be split between me and my sister. My sister is moving in there to live with him within the next week and I suspect she is planning for the future when my Dad passes away. I think she is moving in with him so that she is already living there when he passes away and therefore making it difficult for my Dad's wishes for everything to be split 50/50. What I would like to know is where I would stand legally if she is already living there when he passes away. It's not something I would like to discuss with my Dad without knowing my rights. Any help would be very much appreciated.

[society]

We all are different, and mostly think differently. I believe the posters in this thread posted the first thing which came to their minds, me included. Boo and I had the same thought.

[woofgang]

`hello???quite a few of us did give advice

[philpye]

Perhaps my original post come over wrong. Firstly, I love my Dad dearly and whatever it may appear like I am NOT interested in financial gain. I know my Dad made out the will so things would go smoothly when he passes away, it was not to save any argueing as he believes there will be none. But, my sister is very money minded and has played some dirty tricks before and I don't trust her on this. I was disgusted to find out a short time ago that my sister had even discussed renting out the house after he has passed away. My Dad said that was up to us. My Dad told me this and told me to fight that if I didn't want that to happen. It is only since my sister has planned to move in with him after her own financial difficulties that I have started to think something is not right. It is NOT the case that I am plotting to get my hands on his hard earned money or possessions, it's more a case of trying to ensure that the outcome will be fair, and that means respecting my Dad's will. Personally, I would rather my Dad change his will and leave everything to charity. And that's not a case of biting off my nose to spite my face. Money is not important to me but fairness is and in spite of what some replies have said, I am not waiting for my Dad to pass away, I am just wanting my sister to respect my Dad's wishes, as being fair and honest is one of my Dad's greatest strengths. I've seen others jockeying for position when parents are old and it sickens me. I hope this puts me in a better light and explains why I'm concerned.

[B00]

Yes it does philpye, and i for one apologise for any offence or upset i might have caused.

I have to admit your initial post did make me and a few others think "urgh" when i/we saw it.

for the record though, i never stated that you were waiting for your dad to pass away either, i never for one minute thought that you were.

As you can probably gather, i can offer bugger all advise wise! So i hope you can eventually get it sorted.

Im off now to knock The Ed off my Christmas card list ;-)

Yours
Opinionated, often wrong
Boo
:-)

[craft1948]

I don't think your sister will gain any advantage from living in the property. Her name is not on the deeds and I presume she won't have a rental agreement.

[joko]

the poster has asked and all too common question...unfortunately not all siblings can be trusted...and sometimes people have to think ahead - no matter how 'uncomfortable' that may make a stranger on an online forum feel...

i am sure the father would not want to imagine his daughters at loggerheads and going through the courts once hes gone...he would surely want them to be friend

and just because she/he hasnt chosen to pad out their question with useless stock phrases such as "oh but i dont care as long as my dads ok", and "god forbid", and "when the terrible time comes" blah blah etc etc doesnt mean they dont give a toss about their dad and just want cash

space is limited and its better that people just stick to the facts, rather than trying to appease a load of strangers who may think their motives are not genuine

[Barmaid]

The advice you have been given is correct and you have no rights until such time as Dad dies. however, so that you are fully armed in case you wish to discuss with him the two likely claims your sister would be able to make are as follows:-

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision on the basis that she was being maintained in whole or part by your dad and that he was making a substantial contribution in money's worth to her maintenance. This would most likely occur if she was living rent free and he was paying for food etc. The way to attempt to avoid this (not necessarily successfully) is to charge her "board and lodgings".

The second claim is that if she makes a substantial contribution to the upkeep of the house - something such as paying for a new roof or an extension (not just day to day stuff) she could claim a resulting trust over the property in the percentage she has put in. This second claim is much less likely.

In the absence of either of the above claims, she could make life difficult in refusing to move out, but it would be possible to seek possession of the property and - unless there was such a claim - this would likely be granted.

[dan1977]

you have every right to be worried, your not the one who is moved in. dont listen to some of these posts.

I would say she has no right to the whole property unless she gets the will changed. the solicitors will split it all 50/50, as she will be living there they may offer her first offer to buy you out, the price being the average of three or more values from official estate agents

[Barmaid]

Dan, the solicitors can't just do that. There are issues here with the self dealing and fair dealing rule - depending on who the executors are. The most likely claim is that as I have laid out - the Inheritance Act claim.