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scottish law
My father died in 1989. The family home was in his name only. His will stated that my mother would have the home following his death and my brother and I would inherit following mother's death 50/50 each - my brother is also an executor of that will. As my brother had not been to visit my mother in 6 years she asked and asked me to sell my home in England to come and live with her in Scotland whereby I would have 50% of the property and following her death I would receive the property entirely. However when we went to her solicitor it appeared that the property was in still in my father's name. She attempted to have the property transferred in to her name but my brother refused to allow this by refusing to complete the required document as executor. She made a will (I have copy) leaving me her estate. During this period I spent �25K renovating the property (I've kept all receipts and bank statements relating to this). When renovation was completed my brother began visiting mother and she gave me 4 weeks notice to leave and refused to repay me any money. When I went into rented accommodation she gave me a cheque for �15K stating she would repay the outstanding �10K at a later date. Her bank returned the cheque to me unpaid. I've learned my brother agreed to the property transfer into her name and she has made a further will leaving her entire estate to him. Do my late father's wishes stand relating to his will leaving my brother and I 50/50 each? Do I have any way of recouping my �25? Any advice would be appreciated.
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It seems to be without doubt,your late fathers wishes contained in his will, still stand. Your mother simply has a lifetime interest in the house, during which time, she could sell it, but the proceeds would have to be divided 50/50
between yourself and your brother. However in accordance with your late fathers will, in the ordinary course of events,
your mother has her lifetime interest, but on her death the
house would pass to yourself and your brother 0n a 50/50
basis. Yourself and your brother are known as the "Remainder men".
I am not sure that your brother has been acting properly
as an executor. Therefore it would be very much advisable
to see a Solicitor, in order to protect your interests.
between yourself and your brother. However in accordance with your late fathers will, in the ordinary course of events,
your mother has her lifetime interest, but on her death the
house would pass to yourself and your brother 0n a 50/50
basis. Yourself and your brother are known as the "Remainder men".
I am not sure that your brother has been acting properly
as an executor. Therefore it would be very much advisable
to see a Solicitor, in order to protect your interests.
Danchip - I'm going back 3 years here. Initially, when I had the house valued prior to selling my home and moving to Scotland, I suggested to my mother I'd pay my brother 50% of the valuation price. 10 minutes following she stood up and said 'no, you will not - he has not been to visit me for years'. I've found to my cost that she is not a woman who can have a relationship with both her children at the same time....
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