Case re will and family home?

csccsoaffes · 13-07-2014 8:29pm #1

Hi

I'm just wondering if anyone can advise on a legal matter in relation to a family home. I am one of a large family and have recently discovered from a distant family member who let slip in a conversation that a will has been made which has willed any entitlement in the family home away from me. This might not seem an issue except I am the one who is paying for the upkeep, bills etc of the house and the inhabitants including the 6 dependent adults living there and have done for the past 27 years. I will also be expected as the eldest to continue to keep my dependent siblings and no they do not have disabilities, they are all long time unemployed and at this stage I do not foresee any of them working in the future.

Is there any point in getting a solicitor involved or will I just be wasting money?

Goat the dote · 13-07-2014 8:44pm

I'd guess it would be wasting money but tbh I'd be starting to ship out and support only myself

13-07-2014 8:50pm

Sounds like a situation that might have s.117 potential. However, this only arises once the testator has died, so you cannot establish the position in advance.

A solicitor could advise properly.

Addle · 13-07-2014 8:56pm

Who owns the house?

csccsoaffes · 13-07-2014 9:27pm

My mother but the house is in the family for well over a century and is very dear to me. I'm more worried because of in laws and what they would want done should the worse come to the worse.

coylemj · 13-07-2014 9:46pm

234 wrote: »

Sounds like a situation that might have s.117 potential. However, this only arises once the testator has died, so you cannot establish the position in advance.

OP is the eldest in the family and is supporting six siblings who are all unemployed, how could he/she possibly have a case for a S.117 application?

13-07-2014 9:54pm

coylemj wrote: »

OP is the eldest in the family and is supporting six siblings who are all unemployed, how could he/she possibly have a case for a S.117 application?

Well I could simply rephrase your post and say

OP is the eldest in the family and is supporting six siblings who are all unemployed, how could he/she possibly not have a case for a S.117 application?

The parent may have few liquid assets, but considering the contribution that the OP has made to the upkeep of his own siblings it would seem reasonable that they be given at least a share in the property. "Moral duty" is a very broad phrase that leaves open a variety of possibilities.

But as I have said, the OP would be well advised to consult a practising solicitor as to their actual chances.

coylemj · 13-07-2014 9:56pm

csccsoaffes wrote: »

My mother but the house is in the family for well over a century and is very dear to me. I'm more worried because of in laws and what they would want done should the worse come to the worse.

If your mother left the house to you then you would be faced with the issue of what to do next -

1. Turf your siblings onto the street and move into the house?

2. Keep paying them support and leave them living there i.e. leave things as they are and hope that you outlive all of them?

If your mother leaves the house to you then after she dies there would be a real danger that your siblings would make an application under S.117 at which point your solicitor would probably recommend that you buy them out. Unless you'd be prepared to kick them out if the house was left to you, I can't really see any benefit to your mother leaving the house to you.

coylemj · 13-07-2014 10:09pm

234 wrote: »

The parent may have few liquid assets, but considering the contribution that the OP has made to the upkeep of his own siblings it would seem reasonable that they be given at least a share in the property. "Moral duty" is a very broad phrase that leaves open a variety of possibilities.

None of the cases I have read on S.117 even remotely suggests that 'moral duty' includes an implied obligation to reward a child who has contributed to the upkeep of the household.

csccsoaffes · 13-07-2014 10:40pm

The problem I'm facing is that the estate is apparently to be willed away from me entirely. My mother wants her children remaining at home to be taken care of and left with a roof over their heads and, for the others who have left home and have homes of their own, that in case anything goes wrong in their lives, that they will have a home to return to and be taken care of.

She just hasn't taken account of who will pay for all this because the assumption is I will continue to do so as I have a good job and am the eldest and she has always seen it as my role. I am worried because in 20 years I will have reached retirement age and a large part of my income is going into the family home each month and there is no end in sight and now I am also apparently written out of the will. This has all been done without my knowledge but not without the knowledge of my siblings apparently, my mother and myself do not have a motherly bond as such but she knows I would have issues with this, so she is probably of the wish that it would not be disclosed to me.

Just to be clear I would never sell the house or put my siblings out on the street however, I have been led to believe the house has been willed to one of my siblings who lives with her family in a different part of the country and now wishes to move into the area the family home is in and can't afford the move at this time. My parent is ill and this is causing me severe stress since I discovered this will had been made, the person who told me is genuinely upset on my behalf considering everything, so it wasn't mentioned to cause trouble

GerardKeating · 13-07-2014 10:43pm

csccsoaffes wrote: »

My mother but the house is in the family for well over a century and is very dear to me. I'm more worried because of in laws and what they would want done should the worse come to the worse.

Maybe the distant relative was just trying to cause trouble, why not just ask.

lulu1 · 13-07-2014 10:55pm

Why do you feel you should support 6 unemployed adults. It just goes to show what thanks you get for it now. I am really sorry to say it op but the whole lot of them are taking advantage of you. I would get a place of my own and let the lot of them look after themselves. This makes my blood boil at the thought of 6 adults and your mother included sponging off you just because you have a good job. But really op you are letting it happen.

csccsoaffes · 13-07-2014 10:56pm

My relative isn't the type to cause trouble unnessarily, It would just create a massive family argument and I'd like to have my facts (legal rights etc) before I bring up the subject. I also want time to get my ahead around this and be clear about my options.

whiteandlight · 13-07-2014 10:58pm

Sit down and do up a list of exactly what it is costing you a month to run the house. If it is more than rent in your area move out. You have absolutely no obligation to your siblings in this fashion.

csccsoaffes · 13-07-2014 11:23pm

lulu1 wrote: »

Why do you feel you should support 6 unemployed adults. It just goes to show what thanks you get for it now. I am really sorry to say it op but the whole lot of them are taking advantage of you. I would get a place of my own and let the lot of them look after themselves. This makes my blood boil at the thought of 6 adults and your mother included sponging off you just because you have a good job. But really op you are letting it happen.

It didn't start this way, I had to go straight into work from school as I'm from a family of 12, I assumed as they left college and started working, they would pay their way however that more or less did not happen and my mother would not push for money from them on the basis they were only starting out and in low paying jobs. In his defense my father did not approve and thought they should be fending for themselves. In the last 10 years 5 of my siblings have moved out and they have their own lives and homes however they are in the family home a couple of times a week at least visiting/looking for childminders.

I have argued the situation with the house with one of my sisters however, her response is only so, the house means nothing to her and she doesn't want it. Too many family's split over family homes which is all very noble but my other sister who is financially dependent on me recently needed medical intervention which costs thousands and I was the one left with the bill and no others offered to help pay even though they knew the costs. I am basically stuck

lulu1 · 13-07-2014 11:45pm

OP please dont think I am beign hateful but you are far from stuck. Why is this sister financially dependant on you has she no social welfare payments. Could she not wait like thousands of others have to do to have her problem seen to. OP they will bleed you dry. I dont know what kind of wages you have that lets you throw out money like that. Please op take a long hard look at yourself and refuse to bail them out any more then they might find a bit of respect for you.

the_syco · 13-07-2014 11:53pm

As lulu1 has said, you'd best start looking after yourself. If you are not in the will, you may suddenly find yourself without a legal right to the roof over your head.

The relative who gave you the info may have misheard what they were told, or told the information knowing the information would come to you in time. Ask the relative whom you got the info who they had gotten the info from?

lulu1 · 13-07-2014 11:57pm

the_syco wrote: »

As lulu1 has said, you'd best start looking after yourself. If you are not in the will, you may suddenly find yourself without a legal right to the roof over your head.

The relative who gave you the info may have misheard what they were told, or told the information knowing the information would come to you in time. Ask the relative whom you got the info who they had gotten the info from?

Ask the mother out straight and then no one will be in any doubt

the_syco · 14-07-2014 7:18am

lulu1 wrote: »

Ask the mother out straight and then no one will be in any doubt

Although it seems a good option, when the OP says

csccsoaffes wrote: »

My parent is ill

it may be that they do not want to ask questions that may upset the mother. It may also be that someone else is "acting on her behalf"?

lulu1 · 14-07-2014 6:00pm

Op Talk to the relative who told you about the will and ask them if anyone else knows anything about it. I f you get no info then I would ask your mum, something I know you dont want to do. Tell her that the house means alot to you and that you heard there is a will made. Ask her who is getting the house. If its not you then I would stop supporting the family financhally but I would still call to the house ( if welcome)

Case re will and family home?

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