Lady Refuses to Write a Will

[DSJ]

Fortunately this does not involve my family but that of a very close friend. Here's the scenario:-

Elderly lady (88) who has been widowed for almost 40 years is living in her own house & cared for by her son, aged 66, who is single & has never had his own home.

The lady also has a married daughter, living almost 200 miles from Mum & brother, a grandson & a young grandchild. The daughter rarely visits her Mum & doesn't offer to help her brother look after her. The daughter last visited her Mum over a year ago. She, the daughter, drives a car & so does her husband. The old lady's son is epileptic so cannot drive.

The old lady refuses to make a will. She is adament that her son will eventually inherit her house without the need for her to do anything and that her daughter will know that it is her brother's right to stay in the house after his mother's death. The son & his mother have very little capital.

I have tried unsuccessfully for two or three years to pursuade the old lady to make a simple will to ensure that her son is not left homeless after her death & as a certain reward for his years of looking after his mother. He does so much for her and never complains.

Does anybody know what the legal situation will be here?

[bednobs]

as you think - the estate will be divided between the children in the absense of a will.

However,you can only do what you can do, perhaps the woman has a reason not to do it, or dosen't want to face mortality.Ok so the son has been looking after her but all the time he has had lodgings for free, after all. some people are afraid of the costs of solicitors

[bednobs]

also meant to say, perhaps the daughter will give up her part of the inheritance as your friend suspects?

[DSJ]

Thanks, Bedknobs. The son has more than equally contributed to household bills, maintenance, etc. He only stayed at home to look after his Mum otherwise he would have looked his own accommodation.

[brenda]

A very difficult scenario indeed.Could you perhaps approach this , if you haven't already by telling the old dear that without a will her son could end up homeless.Would she go with you to a CAB and they would be able to confirm the need for a will.Or would she with you see a solicitor at her home to listen to the advice they would offer
Other than that you have no option but to let things run their course.

[DSJ]

Thank you for your thoughts on this. I think you just confirm what I have always thought, that the son will not automatically inherit anything from his mother. Will the grandson & great-grandchild also be entitled to a share? If the daughter predeceased her mother, would anything go to HER husband, the old lady's son-in-law?

I think I will have to sit back and see what happens. I don't feel in a position to interfere & I don't want to lose my friendship with the old lady. My husband & I have made wills and I have told her this, and how it will make things simpler for our children when we die.

[Postdog]

I was in a similar situation many years ago with my mum, There was a slight difference, and I was subsequently told that because of that, the house would pass wholly to me anyway rather than half going to my sister (who had her own house, life etc).

For the sake of here son, don't just leave it and hope for the best, have another try as it is best to be safe than sorry. Because I had a will (written just 3 months before she died (ill) I was safe from being homeless, but until I got that I was as worried as hell. It's a bit of paper, why is she scared? His peace of mind matters.

[Canary42]

Dying intestate (i.e. without a will) may delay the inheritance, and will split the estate between the two children The daughter will then have to agree to transfer her benefit to the son (or at least allow him to remain in the house). It will be extra hassle for the son. Details can be found at http://www.desktoplaw...le&node=A76045BD76303

[Wak]

Is it possible for the son to look into this?
If the Deeds of the house are solely in the Mum's name then she will own 100% of the property and it should eventually be shared between the appropriate relatives when she dies. However, if the Deeds can be amended so that the mum and the son are "Joint Tenants", then they will both be equally responsible for 100% of the property and the property should then automatically belong to the son 100% when the mum dies.
The Deeds will tell you this info if they have them, or a copy of the deeds can be obtained from the Land Registry for approx £3.00. Forms to complete in order to alter the Tenancy agreement are obtainable from the Land Registry for FREE or a solicitor can do it.
The relatives would possibly share the remainder of the Estate but I believe the son would still own 100% of the house.
This could be worth looking into, maybe even at the CAB??

[DSJ]

Thank you, Wak. Strangely, the son does not seem particularly concerned. It is us friends on the perimeter who can see ahead and worry about the outcome. I will look into your suggestion & give details to the son.

I am now closing this thread & I thank you all for your concern and good advice.