last will and testament

[dolly56]

my mother died recently and left her house to my two younger sisters. I paid for this house however. Am i entitled to any claim?

[almcd007]

You may have legitimate cause to contest the will. Can you prove you paid for it ? i.e. mortgage coming out of your bank ******* for how ever many years ? Why would she leave it just to your younger sisters and not you in equal shares ? What was the understanding of you paying for her house ? If it was always to be hers regardless - it's very generous of you - but surely you must have given this a thought and there must have been some undertsanding between you and your mum ? I'm not asking these questions for an answer but a solicitor will want to know the answers to them before he advises whether it is possible to contest the will.

[almcd007]

It should say bank "account" and not "*******" I obviously mis typed and AB ed has took it the wrong way !!!

[bednobs]

if its your house how can your mum give it to anyone?

[Didwot]

You state that you paid for the house. The question that needs to be answered is what was agreed between you and your mother at the time you paid for the house. It could be that you were lending the money to your mother, in which case you have no claim in respect of the house, but she (and in her stead her estate) owes you the money, and any interest that may have been payable. It could be that you gave the money to her as a gift in which case you have no claim in respect of the house, and no claim for the money either. Finally it could be that it was agreed between you both that she would purchase the house using your money, and that although her name would appear as owner of the property, it really belonged to you (subject to letting her live there) and that you would be entitled to the proceeds of sale if she sold it in which case the house was owned by her on trust for you, and in effect belongs to you. These are matters that should have been thought about, discussed and agreed at the time of purchase, and if your mother, you and the conveyancers did not get this sorted out at that time, then it will make matters more difficult now. There is no point in contesting the will, but you should claim whatever is rightfully yours.

[Barmaid]

In addition to the above, as a child of the deceased you can make a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. It is harder for children of working age and/or in receipt of income to successfully claim but still possible. This claim has to be made within 6 months of the grant of probate so I should take legal advice asap.