My mother recently died and I was shocked to discover that she left her entire estate to a local charity, despite the fact that I own next to nothing. I had sadly lost touch with her a few years back but I am a single mother of two young children.
Can a Court of Appeal award a third of a mother’s estate?
In addition, the courts will consider the strength of any connection your mother may have had with the charity. You might find comfort in a recent Court of Appeal case, in which the court awarded a third of the deceased parent’s estate to the daughter, despite the fact that all of it had been left to three animal charities.
What happens if a beneficiary of a Will dies before the deceased?
If a beneficiary only survives the deceased by a few days, they may be treated as having died before the deceased. Many Wills contain a survivorship clause which state a beneficiary must survive the deceased by a certain length of time to inherit, normally 28 days, otherwise they are treated as having died before the deceased.
What happens to a husband’s estate if his wife dies?
In certain circumstances two Estates will need to be dealt with together. For example, if a husband dies leaving his entire Estate to his wife, and his wife survives over 28 days but dies before inheriting his Estate, then probate may be required for both the husband and the wife’s Estates.
My terminally ill mother’s will provides for myself and my two siblings, leaving a house to one and a cash sum to myself and my sister. However, it appears that there will be little or no cash in the estate when she passes and my other sibling advises he will keep the house, leaving little to be shared as per my mother’s wishes.
Can a sibling live in the house after the death of a parent?
At his death, or if he decides to leave, you take possession. Your sibling also could retain the right to live in the house if your parents placed the house in a special needs trust.
What should I do if my mother leaves the house to my brother?
Alternatively you might be able to appeal to your brother’s better nature and ask if he would be prepared to do a Deed of Variation after your mother’s death to allow some of the property to pass to you and your sister. Even if he wants to retain the house, he might be in a position to then buy you out of the shares he has given you.
Why is my mother leaving her house to one child?
As you say, this does not appear to be a fair distribution of your mother’s estate. However, sometimes a person has good reasons for leaving a property to one child. These might be because a child has always lived with their parent and/or been supported by them.
