My mother has recently passed and I am the executor of will.
We purchased a house together 20 years ago and have a joint mortgage, although I have paid all of the mortgage repayments. We lived in the house together and I believe that it is as tenants in common, not joint tenants.
In 2011, my mother's health deteriorated and I had to leave my full-time employment with the same employer for 16 years to become her full-time carer. I have struggled on a carers payment/allowance but have always paid the mortgage repayments. We went halves in other bills including rates, electricity, house insurance and groceries.
She has left me her share of the house in her will and it is also stated in a codicil, although the codicil pre dates her last will and testament. She has left an amount of monies stated in the will to her 3 grandchildren and any residual to my brother.
My brother and my mother have not seen eye to eye for many years and he has never offered to assist with her caring needs whatsoever. She has also given him large amounts of money over the years, he is very well off, has retired at the age of 52 and is living in Asia.
He contacted me on the day of her death demanding to see her will and to provide him an indicative figure of what he will receive as residual. I did provide him with a copy of her will. He is very selfish and I have evidence of previous texts that he has sent to my mother asking her to advise him of what he will gain monetary-wise upon her death. This used to upset her and she never committed to any amounts to him.
I know that he will get legal advice and will seriously consider contesting her will and make a claim under family provision for his half of her share in the house.
What worries me is that he is financially able to afford the costs of a lawyer, etc., and I have no finances to defend myself against the claim. I have researched the requirements of the family provision act and I am confident that he can in no way meet the criteria due to his estranged relationship with her over many years.
I have also paid for major renovations to the property and have had decks built
Based on the above information, I was hoping that I may be able to get some help from this forum.
Thanks in advance.
We purchased a house together 20 years ago and have a joint mortgage, although I have paid all of the mortgage repayments. We lived in the house together and I believe that it is as tenants in common, not joint tenants.
In 2011, my mother's health deteriorated and I had to leave my full-time employment with the same employer for 16 years to become her full-time carer. I have struggled on a carers payment/allowance but have always paid the mortgage repayments. We went halves in other bills including rates, electricity, house insurance and groceries.
She has left me her share of the house in her will and it is also stated in a codicil, although the codicil pre dates her last will and testament. She has left an amount of monies stated in the will to her 3 grandchildren and any residual to my brother.
My brother and my mother have not seen eye to eye for many years and he has never offered to assist with her caring needs whatsoever. She has also given him large amounts of money over the years, he is very well off, has retired at the age of 52 and is living in Asia.
He contacted me on the day of her death demanding to see her will and to provide him an indicative figure of what he will receive as residual. I did provide him with a copy of her will. He is very selfish and I have evidence of previous texts that he has sent to my mother asking her to advise him of what he will gain monetary-wise upon her death. This used to upset her and she never committed to any amounts to him.
I know that he will get legal advice and will seriously consider contesting her will and make a claim under family provision for his half of her share in the house.
What worries me is that he is financially able to afford the costs of a lawyer, etc., and I have no finances to defend myself against the claim. I have researched the requirements of the family provision act and I am confident that he can in no way meet the criteria due to his estranged relationship with her over many years.
I have also paid for major renovations to the property and have had decks built
Based on the above information, I was hoping that I may be able to get some help from this forum.
Thanks in advance.