Problem with will

Discussion in 'Wills, inheritances and gifts' started by galwaypat, 21 Jun 2018.

  1. galwaypat

    galwaypat Frequent Poster

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    Looking in to this for a relative' so a man with a dissabilty has been living in the family home for 60 years the last 20 with just his father. Father was getting carrers and sons dissabilty all in to his account Father passes away and left house and money to his other son, now they want him gone out of house and he has no account and no money. shocking I know but if your going to get shafted in this world it' probbably going to be by someone close to you.
     
  2. Joe_90

    Joe_90 Frequent Poster

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    You might rephrase your post.

    If he has been left the house who wants him out?
     
  3. galwaypat

    galwaypat Frequent Poster

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    No his other brother got the house
     
  4. Joe_90

    Joe_90 Frequent Poster

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    So the father made no provision for his disabled son?
     
  5. john luc

    john luc Frequent Poster

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    your question begs more questions. It seems not to make sense that the father would knowing hand over his house to another son without making provision for a live in disabled son.
     
  6. john luc

    john luc Frequent Poster

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    living there that long I would imagine gives him some right to continue to live there.
     
  7. galwaypat

    galwaypat Frequent Poster

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    So it seems, would the special needs son have any claim on the house
     
  8. john luc

    john luc Frequent Poster

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    why did the father not leave the house to him
     
  9. staff

    staff Frequent Poster

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    You cant leave a house to a disabled son but you can write your will in such a way that you can make your sure that he has a right to live there for the rest of his life - cant remember the legal term for it.
     
  10. POC

    POC Frequent Poster

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    While it seems shocking that the dad made no provision for his disabled son, it would be helpful if someone with a legal background could tell the op if anything can be done. Depending on the disability, maybe the father didn’t expect his son to outlive him?

    It shouldn’t be too difficult to get future disability allowance paid to the disabled son, as it is his. I’m sure there will be a bit of red tape about this, especially if a bank account has to be opened.

    Does the son attend a day service? There might be a social worker there who can help. If he attends a day service, is there a residential service there too? Unfortunately, it is not unusual for a disabled person to need residential care after a carer parent dies.

    Is there a family member who is advocating for the disabled son? It sounds like his brother is part of the problem, not part of the solution. Is there a possibility of him living with another family member?

    On top of all this, depending on his intellectual abilities, the disabled son is probably either very bewildered by the absence of his father, or grieving. He is likely to need psychological support.
     
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  11. noproblem

    noproblem Frequent Poster

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    Last edited: 21 Jun 2018
    No doubt you mean good, but without the written will it would be very difficult to offer any type of advice on the matter.
     
    Last edited: 21 Jun 2018
  12. Vanilla

    Vanilla Frequent Poster

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    Last edited: 21 Jun 2018
    Hi Galwaypat, your relative needs to seek a solicitor's advice immediately. There are very short time limits to take an action under s.117 Succession Act which sounds relevant here. If the action isn't taken within the time limit, there is no relief.
     
    Last edited: 21 Jun 2018
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  13. DeeKie

    DeeKie Frequent Poster

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    Immediately
     
  14. Bronte

    Bronte Frequent Poster

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    Would seem like a very good likelyhood a S117 would succeed here.

    Very odd the deceased left no provision for his disabled son.
     
  15. Bronte

    Bronte Frequent Poster

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    My grandmother did it for one child. Who had problems.

    A life interest, ownership if he married.