Q. My brother and I are extremely close and have been for many years. After our mother passed away 20 years ago, my father sold the family home and moved to England with his new partner, effectively deserting us. Thankfully my brother was in a position to purchase the property – which was registered in his name. I live with my brother and still consider the house to be my family home.
However, six months ago, without warning, my brother died very suddenly without having made a will.
I received a letter from my father’s solicitors in England stating that he was going to sell my brother’s property. My brother would turn in his grave if he knew the man who deserted us as going to end up with our home.
Can I do anything to stop my father from selling the house on the basis that I have lived there for many years and my brother would never have intended for my father to end up with his property?
Dear Reader,
These are most unfortunate circumstances. However, the rule of law stipulates that once a person dies without a will, the order of entitlement to the estate is based on the next of kin and on the degree of blood relationship. In your case, your brother’s next of kin by decree and blood relationship is your father.
I fully appreciate that you have lived in the property for many years, but this does not give you a legal interest. It may give you a vested and equitable interest, however in the absence of a will, the laws of intestacy under the Succession Act 1965 apply.
This appears to be a very unjust and unfair outcome, but nevertheless this is the law as it currently stands.
Your brother’s demise was most unfortunate, I am not sure what age he was, but possibly he may have felt he was too young to make a will. However, where one owns any significant assets (such as a house), and if there are family members that one does not wish to benefit from their estate, it is vital that people put a will in place to fully deal with matters in the event of their untimely death.
Your situation highlights the unfortunate affect that may occur where a will has not been made and the wishes of the deceased are not reflected in law.
In order to avoid such an outcome, I would encourage everyone to make a will and to keep the will updated in accordance with changes in personal circumstances.
Unfortunately, this advice has come too late in your particular circumstance.
