Property inheritance

I really feel for you here I have three sons and would hate to be in this position get some legal advice even if it's just an hour to see where you stand . The youngest son must feel very unloved by this action.

So many imponderables here. I have in the past looked at Land registry which states who owns a property and if it has mortgage etc £3 online and instant. That doesn't help with will but might give an idea of what has been done and when with regard to ownership.

I would urge legal advice and maybe see if there is a power of attorney because if you feel that MIL wishes were not being adhered to, the public guardians office may be able to advise.
During her lifetime her money must be used for her welfare.

Wills are a nightmare and issues can be very costly to resolve, I am sorry that you have this worry. It does seem unfair that 2 sons who have been so good to MIL are concerned that they may be disinherited but they have done their best for her out of love and that often bring other rewards.

My BIL had his mum share ownership of the house via a deed after his father died almost 20 years ago, so it's 50/50. He's the only child.

So perhaps middle-son does NOT own the house outright, perhaps she only put him on the deed, OR maybe this did not happen at all and that is why he is keeping the will close to his chest... perhaps it would pay to get the Land Registry deed info.

Please be aware there are money-grabbing services out there who use web addresses that look legit.

BE SURE to use only YOUR COUNCIL's official website for this. It should only cost a few quid, not £30 as some of the ripoff's try to do.

If you go to landregistry.gov.uk you can get a copy of the register for £3....cheap and simple way to start

defo get legal advice right now I'd say - worth paying lawyers fees just to put your mind at rest as to what the legal position is, otherwise you are going to be worrying about this till mil dies.

This must all be such a worry for you and pleased to see good advice (mostly) on GN. I too think some are judgemental and sometimes rude in their responses, which are not helpful at all when you are worried. usually the same posters! So look at the supportive posts and use their advice.

I am wondering how this has now been discovered after 10 years. What brought this to light . It could be that even 10 years ago her memory was starting to fail but in not too obvious a way to everyone. If it was agreed that the three sons should each recieve an equal share why would she choose to make a change? It sounds to me she has been coerced into doing this. Has the will been written through a solicitor ? Or is it one that some people do themselves getting two witnesses to it. I would initially make an appointment with Citizens Advice. They are excellent at helping to sort problems and if can,t will point you in the right direction to someone who can. Has this son got lasting power of attorney? When you say under lock and key ..Is this his copy that solicitors provide or is it a home_drawn will. I wish you all the best to get this sorted out as it could be a lengthy procedure. Also as the lady concerned is no longer compas mentis she cannot be asked to verify anything regarding this.Good Luck.

Looks like a case of middle one of three boys. The middle child often overlooked. Other 2 very involved, closer to Mum, middle one distant,getting some of his own back - does not help with the problem here but possibly makes it more understandable what is going on.

Sorry you're in this position - the behavior of middle son and secrecy surrounding the will sounds fishy.
It's fair that all three brothers get an equal share BUT it shows that you can't/shouldn't rely on an inheritance from your parents.
My dear late husband expected to outlive his mum (and inherit half the house with sibling) so he cancelled his life insurance. He wasn't to know that 15-odd years later he'd be diagnosed with a terminal illness. His mum and sibling graciously changed the will so that I don't lose out and I suspect that this is what you're worried about.
We all know that life isn't fair but I hope that you can resolve this amicably.

I wouldn't be able to 'let it go' on principle. If middle brother wants to be the sole beneficiary I'd give him sole responsibility too. Your hubby and the youngest want to wash their hands of any responsibilities regarding the care of and costs incurred by looking after their mum. See how he likes that. He's going to have to cough up all the money for her care, all the money for the funeral etc not to mention all the emotional stress of caring for an elderly parent. He wants it, let him have it!

I don't know if this helps but, as far as I am aware, the SS will be very interested that the house was been 'given' to someone else while your MIL remained in it. They will want to know if she has been paying a reasonable rent to this brother otherwise they may see it as an attempt to deliberately deprive herself of an asset. I think this would depend on whether there was any reason to foresee a need for care 10 years ago. Again, as far as I am aware, they will question the gift and all councils are so cash-strapped that they will do a lot to get some of the payments for care from the persons estate.

I think he will have more problems with them than with the other brothers at this stage.

I do feel for you Rexdog as this sort of thing just feels so divisive for families.

I am sure the other sons don't want to leave poor old Mother to the tender mercies of their brother !

If mil needs to go into care then the house will have to be sold to cover costs unless it was signed over to someone a long time ago (more than 10 years) . Social services will go through all that. As other people have posted, age UK are really helpful.

I'd definitely check out whose name is on the Land Registry record first then you will be clear about your next steps.. It might be that all 3 names are down as owners of the property. The middle brother should be challenged over his actions and asked to clarify the situation. It should also be made clear to him that if he isn't open with his two brothers they will go to a legal adviser. There should be complete honesty between all parties in situations like this. Is the middle brother the executor of the Will? If so, that may be why he is keeping quiet.

The will, will eventually, need to be proved for probate, after which it is in the public domain and no-one can stop anyone seeing it.

Definitely u need to get clarification now before she has to go into care. Your mothers solicitor may be able to advise initially in one appointment. The comments on DHL's considering it's a way of avoiding care home fees is valid. U need to get all the family together and discuss ways of power of attorney etc and legal advice on care home situation. Your bro may accept that this meeting is to ensure your mother and maybe him do not have to pay more than they should. I cannot emphasise enough this needs done now before a care situation arises.

The comments on DHL's considering it's a way of avoiding care home fees is valid .

I am sorry I am pretty sure it is not. Whether the lady concerned has 'put her son's name on the deeds', 'given the house to him', 'transferred it into his name'. It doesn't matter how it is worded. If she continues to live in what is/was her home, regardless of in whose name the house now is, and if she is not paying the full market rent to the new named individual, the council will treat the house as if it was still wholly in her possession and that it's full value can be used to pay for her care.

I do not advise the market rent scheme either. Some years ago I had to do a benefits application for a retired doctor. He had given his large house to his children and paid the market rent (and had to prove it annually to the Inland Revenue). Unfortunately he lived in central Oxford and he lived well into his 90s. By which time the market rent for the house exceeded his combined state and NHS pension.

It's amazing what some people will do! My son-in-law comes from a mega-wealthy family (he's an American, lives in USA). Has 2 brothers and 1 sister. Awful mother periodically cut each child out of the Will so that they would come to heel and run round after her.

Unfortunately for SIL,it was his turn to be out of the Will when she died! Part of her property was a house he bought her whilst he was in funds many years previously. That property was sold and the proceeds distributed to his siblings but he didn't see a penny. Nothing he could do.

He'd been self-employed but because of the economy problems about 10 years ago he & our DD saw their business fail and they had to re-think their whole future. They have 2 young children.

But did his siblings (who are all well-off) think to help him out when it could so easily have been one of them whose turn it was to be cut out of the Will?

Did they heck.

Families and Wills. Nightmare.

To look at this from a different direction. Supposing the Mother has put something in her will that will upset the others. Maybe she left the house to him years ago, maybe she has left it to the cat's home. He could then be protecting them from the hurt. However I think that might be a pipe dream. Best to get things out in the open I think so as not to cause all this bad feeling. Get a solicitor involved.

You cannot obtain power of attorney without notifying siblings. If he has done
this, it is against the law. Hope you find answers to this problem. Good Luck.

My advice would be to leave it to Social Services to sort out because believe me from experience they will as they will want any money due. Do not spend any money on advice, Citizen Advice or Age concern would be a good idea just to see the whys and what's but otherwise let Social Services sort it.

Sorry to correct you Betty, but relatives do not have to be informed when an LPA is made or registered. Perfectly possible to name someone outside the family and for the family not to know.

I believe that if you are to inherit you can ask the soliton for a copy

No, you can't. A will is private. Nobody has the right to see it, not even the witnesses.

No, there is no such right (to ask for a copy of the will in advance0. Hm999