My Nanna's Will And House Signings

[MELISSA_JENKINS]

my privious question was:-

My nanna made a will in nov 2010 saying my mums brother was executor of the will and the estate (only a bungalow) was to be shared 50/50 BUT only if the benificiary which is my mother agrees to it as she still lives there. In March 2011 my nanna signed over the house to my mum as a gift (this is bevause my mum sold her house to move in with nanna to help pay for the bills and pay for her care) (my mums name is now on the deeds and land registry) In January this year my nanna died. Now my mums brother is contesting the will (had a letter from my mothers solicitor) what can my mums brother achieve? Can he force mum to sell the house or buy him out? My mum is still paying 23000 for nursing home fees that my uncle hasn't paid a penny? This is all we need just before Xmas! All the deeds etc are in my mums name. HELP :-(

It was 4 months from making the will to sigining the house over to mum and it's that what im thinking hes contesting.
She was in the right sound of mine when she did it, as it was a gift to my mum for doing a lot for her (my uncle has done nothing).
I mean shared 50/50 if sold, and my mothers has to agree to sell it as its still her home
NEW QUESTION...........
Originally our solisitor said my uncle cannot do anything but after speaking to him today, he's just basically said you mite aswell sell it and give him half?? He wants mum to write down everything to why nanna signed the house over to her within 4 months of making the will, and all bills expendachure etc apparently he;'s contesting it as he says my mother no longer needs the house (she's away 3/4 days a week but my brother still lives there)

Im just so upset that its not getting sorte

[bednobs]

well if your mum is paying for legal advice, why are you asking us? Why are you so upset - it's your mum's issue, not yours to worry about.
I am confused as to why your nan didn't make a new will though - you can't leave something that isn't yours in a will

[MELISSA_JENKINS]

Because im very close to my mother and dont likeseeing her upset and i would like to get some info on this as what can be done. She only has the house (no other assets, money, estate etc) so our solisitor stated last time that bacause the house was now in my mothers name the will was void? just want to make sure if thats right or can my uncle get his way?

[Buenchico]

A basic rule relating to wills is that you can't bequeath what you don't own. If your grandmother transferred the title to the bungalow to your mother any reference to it in her will would then become null and void.

Your grandmother would have been entitled to change her mind about the property (and give it to your mother) later on the same day that she signed her will, so I can't see how a gap of 4 months should be relevant in contesting it.

[MELISSA_JENKINS]

Thanks Buenchico, thats what he's contesting. He's also now saying because my mother is only there part of the week, that she now no longer needs the house (my brother still lives there) Am i right to thinking as its her name on the land registry he cannot do anything???? Also why has a solisitor taken this case if they didnt think he had a chance of winning?? It's all very confusing to me as i dont know how it all works, what we thought was now the house is in my mums name thats it, he cannot do anything but it seems he is and able to?

[browntrout]

There is nothing to stop an executor, or indeed a beneficiary trying to have a "gift" put back into the estate. You really need to have a good chat with your solicitor to examine what grounds could be raised for this to happen in this case.

[MELISSA_JENKINS]

My mother is the benificiary (sorry spellings crap) we've spoken to our solisitor but he's not being very helpful or clear. he requires mu to make a list of why is was given to her as a gift and what she has paid or paying since this. I just dont undertand. Sureley if my mothers name is on the deeds/landregistry he cannot do anything? ALSO it states in the will (before house was signed over) that the house can only be sold with my mothers consent? im sooo confused

[espookid]

I think your mum's solicitor is just trying to get the reason why your nanna signed it over to your mum ,making sure that she wasn't forced into it.He has to ask the questions or the court will

[MELISSA_JENKINS]

before he asked mmu to do this, he basically said why not just sell and give him half, what would he say this? and this is also after he told us about 4 weeks ago that my uncle had no leg to stand on? we just keep getting different answers and we dont know how we stand.. When hes made this list and sends it off to the solisitor what will happen next? how long roughly will it take to get sorted?

[browntrout]

executor/beneficiary can challenge the validity of the "gift" on several grounds. possible lack of capacity (unsound mind), undue influence or even fraud. what all parties need to understand is why the deceased made the gift. from the brother's point of view he has been excluded and he wants to know why. it's this "why" that both sides must look into before deciding the next step.

[FredPuli43]

The solicitor is just being careful. He wants to know why someone makes a will giving what is effectively the whole estate, one house, to two people, although on terms as to a right of residence, and yet within a few months makes the Will pointless by disposing of the house. It seems a bit odd. You can see that can't you?

But you have the evidence to explain this anomalous behaviour. There were reasons for it which make all clear.

[tamborine]

when a Will is contested both sides provide docs in support. Your solicitor was wrong to suggest your mother sell & divide proceeds.

1. Docs exchanged
2. Mediation to pay contester off; if none agreed
3. Court case (heavy costs £40k+) to loser
4. Can take 2years+ to complete.

[Prudie]

You need proper legal advice. For what it's worth (and that's not much) I didn't think anyone could sign over a property to someone else unless they then lived a further 7 (?) years - to stop people doing it to escape being liable for care home fees.

[MELISSA_JENKINS]

Thanks all, it is the "why" he is arguing, and yes i dont see why he's contesting it, as he did/done nothing for my nanna, my mother sold her house and moved into her home to care for her, help pay her bills and debt, was there for her 24/7, paid extra £200 a month towards her nursiong home fees (nannas pension paid the rest), she paid for some of the funeral cost to about £300.00 (life insurabce didnt cover all of the costs) and now she's paying the nursing home shortfall of £23000 this is why my nanna left it to my mother as a gift, for helping her so much (but how can you prove this?). My uncle hasn't paid a PENNY! and even when nanna was alive would ask her for the £1.00 back after he lent it too her. so no i personally dont think he should be given anything, but of course thats out opinion not the laws.

[factor-fiction]

Yes, it's best to keep this to the legal issues. Your solicitor should have all the facts so I think it's best to ask him.

[themas]

From your posts it seems your mother has a lot of evidence to justify what happened. She needs to give it to the solicitor (& proof where necessary - e.g. of the money she put into the bungalow herself) & make sure he then puts it to the uncle's solicitor as the reason for what was done.

If she does not have confidence that her solicitor will act conscientiously for her (due to him saying she should sell & hand over half) she should get someone else.

She does need to be aware that if this goes to Court there will be substantial legal costs which she may not be able to get from the uncle even if she wins.

You've said nothing about the uncle's financial circumstances. If he is in need - & especially if he was in any way supported financially by nanna - he might be more likely to succeed with a claim for some part of the estate.

[Peter Pedant]

To be absolutely honest, Melissa there is very little you can do,

You arent in the will - your mum is and she is the one with the solicitor.
And to be honest we dont know what the solicitor has said to your mum, it is all reported speech.

I think youhave to wait and see

[MELISSA_JENKINS]

He wasn't supported by my nanna, had his own taxi business and now retired, he has his own house, cars, caravan and goes on holidays every year. She can prove the. Nursing home fees but not payin funeral cost as it was payed by cash I think )( I kite be wrong there).

[FredPuli43]

As themas says, you have the evidence which can explain the gift. Faced with that, the other side's solicitor will go back to their client and explain the difficulty it presents for him. Bear in mind that, at present, his solicitor only has one side of the story, and facts presented to him or her which look odd and a bit suspicious. That solicitor would be failing in professional duty if no question was asked about it at all.

[themas]

Surely the funeral director issued an invoice? It should not be at all difficult to get a receipt for the cash payment - in fact one should have been issued when it was paid, otherwise your mother had no evidence she had paid the bill.

[boxtops]

Your mother needs to get together as much documentary evidence as she can. The fact she doesn't "need" the house doesn't mean she has to sell it - that's a red herring. It's her house, from what you say.