Inheritance rights.

[ivor james]

Hi,

I would just like to know if there is a straight answer to the following question,

Basically, do I have a right to a share in my mothers house if she has left it all to one person who is my sister?

She, my sister has been a carer to my mum for the last 3 yrs and moved out of her own house to do this. She has had her own house rented in the meantime.

I am no gold digger but it is difficult to listen to my sister as she states about the fact that it is all left to her (and her son) .

I have not yet spoken to my other 2 sisters or 1 brother about this,and I certainly wont mention it to my mother as she is old and frail.

However if that is her will,then that is her will,is that just the end of the matter?

The house is worth in excess of 400k even in this market.

Any help would be appreciated.

 

[sam h]

AFAIK, if you an independent adult (not still in school/college etc) then you mother can do as she pleases with the house and all of her assets.

Your sister has given up 3 years to care for you mother so it's up to your mother as to what value she puts on this care. I don't think you'd have any right to dispute it. Then again, until the will is read, nobody has any way of knowing what is in it.

 

[mf1]

Your mother is free to leave her property to anyone she chooses.

Any child can bring an application to the Court for an order under Section 117 of the Succession Act:

117.—(1) Where, on application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his will or otherwise, the court may order that such provision shall be made for the child out of the estate as the court thinks just.
[GA]

(2) The court shall consider the application from the point of view of a prudent and just parent, taking into account the position of each of the children of the testator and any other circumstances which the court may consider of assistance in arriving at a decision that will be as fair as possible to the child to whom the application relates and to the other children.

Or if you want to argue that the Will was made when your mother was non compos mentis............


mf