Can anyone explain what this means please?

The CAB can’t deal with complex issues like this. Do, please, try the link I sent you. This case is complicated and you need expert advice.

Grantanow - we applied locally via CAB, but they had no expert available, but thanks for the suggestion x

Thanks GSM, I tried something similar locally but they had no specialist available. I've sent the link to my sister who is the administrator and see what happens, it really helps that someone knows what they're doing! xx

I know you’re not being difficult. You can access barristers who are willing to give pro bono (free) help in some circumstances. See link below.
weareadvocate.org.uk/what-we-do.html

You need legal advice and representation. Look around for free help via CAB.

GSM - we are not being difficult about a solicitor. At times we have afforded 1.5-2 hour sessions with a solicitor, and a barrister has read over the case and given advice. Sadly, no matter how much we wish to be represented we do not have the financial wherewithal to do so. None of us are eligible for legal aid etc. Solicitors are invaluable, but none of us can afford a loan of the amount required, none of us have savings of this level, not do we know anyone wealthy who might lend to be repaid if we win, and very patient if we lose.

At first within 6 months of Mum dying he said their agreement (verbal) was that he paid the mortgage and he'd inherit the house. He did not pay the mortgage apart from 1982-1986. He persuaded (badgered) my Mum into agreeing 2 'loans', he paid 99% of the first to start a business, the second around 30,000 to buy a property as Finnish mortgages were too expensive.

When he removed his name from the register he used the same legal appointment for Mum to 'write her Will', but he basically told the solicitor what to put. This was found, as a draft, unsigned, 26 years later when she died, in amongst a bag of wallpaper waste in the airing cupboard...hardly the actions of someone who intended to implement that Will.

My brother can prove he paid under 10,000, we can prove Mum paid 34000 in total...of his debt, and her 11,000 mortgage. Mum didn't 'give him' a regular income - she paid the original mortgage and his loan to keep her home as she was his guarantor.

Please understand we do want to be represented - we know it is a complicated situation but also that it is incredibly expensive, at least 25- 35000 possibly up to 50,000. Where are we expected to find this amount of money?

I can see the beginnings of an argument that without his financial input the house would still have been rented, and that he became involved as a joint purchaser on the understanding that the house would eventually be his. I’m not saying that is what happened or that such an argument would stand up, especially as he later transferred his interest to his mother. However his financial assistance has obviously resulted in the value of the estate being considerably enhanced. We don’t know enough about the background but this is very relevant. This has to be dealt with by a solicitor.

Aha - I see, he somehow thinks he deserves the house, merely because he paid the mortgage for four years. That's ridiculous - as he wasn't paying rent or board and lodging. Still, I think you do need a solicitor if at all possible. Maybe find one that offers a free initial consultation?

Your mother had a 49% discount. Money was borrowed to pay the remaining 51% of the purchase price but she owned the whole property, not 49% of it. It sounds as though your brother was a joint buyer with your mother and paid the mortgage for four years, transferring his interest to your mother in 1992. Have you seen the transfer deed? Is he arguing that without his financial assistance your mother would never have owned the house? That’s something you need to make your solicitor aware of.

Hefty, Mum and Dad had lived in council housing for many years. Under the right to buy, you were 'given' a percentage of the property for rent paid. So they were given 49%, and mortgaged 51% with a building society.

In those days women, if married, couldn't have a mortgage alone, but my Dad was an alcoholic who saw buying the house as losing drinking money...but he had to be on the mortgage. My brother put his name down to ensure the mortgage. From 82-86 he paid the mortgage, instead of house keeping. So Mum paid all utilities, fed him, did his laundry, ironed and put him up most weekends. In Nov. 85 he moved to a job in London, and stopped paying the mortgage in Jan/Feb the following year due to financial difficulties. In 1992, after marrying a Finnish resident he asked for his name to be removed from the register and after that my Mum was sole owner as my Dad dies in 1989.

If he can prove he's had regular income from your mother, he may have a claim - but two historic payments shouldn't count.

I'm worried about this as a friend's brother keeps 'borrowing' small amounts from their mother. My friend has POA and I've told her to either refuse - or make sure that it's cash with no paper trail. The POA means that money should only be spent in her mother's 'best interests', so really, she should refuse.

I don't understand the 49% - and who owns the rest?

My Mum signed nothing, and they told the judge that there is no written evidence on their case; but that he needs more time as we sent in 700 pages of evidence and it took a long time to read. I used to work at Land Registry and my Mum was listed as the sole owner, she allowed him 2 lots of borrowing her equity, acted as guarantor and we can prove she paid at least 34,000 on an original borrowing of 11,000 and owned 49% of the property due to right to buy. So basically paid his debts. This was on the register until 2013 when she paid it off.

My eldest sister is neutral due to her severe mental health.

Your brother’s solicitor should not communicate with you. That is very unprofessional.

I trust all three sisters will go to the hearing. That will give the judge a much fuller picture of the family.

There's no valid will and intestacy rules are well set out. He doesn't seem to have any case - unless your mother signed some other legal document?

Have you checked with the Land Registry that she remained the home owner? Did he take out a loan, with her as guarantor - and a charge put on the property? Get a copy of the deeds.

Well, my brothers solicitor stated after the pre hearing that they'll win, because we believe ethics and morals are involved, and they understand they have absolutely nothing to do with it!!

His costs after the case will be 77,000 and he won't accept any offer that gives him less than 50000 after costs...so 127,000. The total estate is 176,500...

Thank you Wyllow3, Sadly he isn't nice, but until Mum died he mostly hid what he was...Even if we lose, we know fighting him is the right thing. My sister has agreed to help me fund another solicitor visit prior to our court date, solely to learn what we can about estoppel. Perhaps pictures of his 12 bed lakeside house set in 29 acres will do it ;)

Sorry, PIP

I wish you all the very best.
What a bitter and selfish man, out to punish x

The estate is 175,000. We clubbed together to see a solicitor twice, but we cannot afford to have one actually represent us. We live with my FinL, so cannot take a loan or mortgage based on our home, my income is PIS, ESA and very small teachers pension. Another sister is mentally unwell, reliant on ESA, and my other sister is wonderful, and had managed from the start...but we cannot conjure up the amounts suggested. My brothers costs are already 35000...almost more than he'd inherit if intestacy is proven. We know we need representation - but sadly for none of us does it come free. We are in a local city, for a pre hearing meeting with a judge as we refuse to accept his costs, or the only 2 statements of Truth provided. Wish me luck Dreading it already. I suspect he'll win simply because he can afford to go into debt. He lives abroad so will be difficult to chase for money...

Unfortunately, Glorianny, the argument being put forward here is too complex for the three sisters to represent themselves. They need a lawyer to argue for them rather than help to represent themselves. Although courts treat litigants in person patiently and with courtesy, they will be unable to counter a claim of estoppel without proper representation.

If you have to go by yourself consult these people www.supportthroughcourt.org/ they will offer advice and support.
If you live near a University that has a law dept. check to see if they will offer you legal advice. The students are supervised, Sunderland University does it but they are not accepting new cases just now.

Can you and your sisters not club together to consult a solicitor?

When you talk about loans on Mum’s house I assume you mean mortgages. If Mum was the sole owner only she could have mortgaged the house, maybe acting under pressure from him. Did your brother pay off the first loan?

The draft will is invalid so Mum died intestate, meaning all her children are equally entitled.

On what basis does he claim that there is a trust - by which I assume you mean he claims to be entitled to live in the house for life? Some alleged promise by Mum to that effect of which there is no proof? Estoppel requires the person claiming it to have acted to their detriment in reliance on the alleged promise. What you describe shows no detriment.

You and your sisters really do need a lawyer to fight these claims and tell the truth about his actions.

surely he has to prove his case, his claim, which will be an uphill task and v expensive in legal fees.
what is the value of the estate.

Thanks Allsorts, my 2 sisters are also affected. My Mum wrote a will 26 years before she died but it was a draft, which was never signed, and written at my brothers bidding. In law it appears that means she died intestate, so her estate should be divided into 4. However my brother is claiming he has a lifetime trust on the property, with no proof, also proprietary estoppel. However he didn't live in poverty and took out 2 loans on Mum's house, with her permission, but Mum mainly paid off the 2nd at great detriment to herself.

He seems to be using a scatter gun approach, hoping something will hit. Sadly he has harassed us for almost 4 years over this. After nursing Mum for almost eight years I just feel mentally and physically exhausted.