Disability Housing Rights- Inheritance

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DisabilityAdvo

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Hi- posting on a neighbors behalf.

My neighbor has an intellectual disability- their parents passed away 5 years ago and since this time they have been living in the parents home with HSE support hours. They have been told that the house has been left to their sibling (have never seen the will). Until now the Sibling has been managing the house and supporting them to live there. They have now told them they plan to sell the house and wants their sibling to move out within 3 months.

Does my neighbor have a right to view the will? Do they have any right of ownership as they have been living in this house all their lives? Any advice or direction appreciated.
 
Important point
the parents home
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Does my neighbor have a right to view the will?
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Not unless they are beneficiaries.
But once it has been probated it becomes a public document.

Do they have any right of ownership as they have been living in this house all their lives?
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No
They were living there with their parents consent.
Adverse possession takes more than 5 years.



They have been told that the house has been left to their sibling (have never seen the will)
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Who told them this?

Are there other siblings?
 
Hi- thanks for your response

They were told by their sibling that they home was left to them only (the sibling) & there are no other living siblings. Also the executor of the will never made contact with my neighbor or gave them information about the will- which leaves me to think they didn't inherit anything from the parents... I will encourage them to request to view the will if it has become a public document.

If its the case the will doesn't state my neighbor has a live interest or a right to inheritance- is it correct to say they have no right to continue living in the property?
 
Anyone can request to see a will that has been probated. As the inheritance was 5 years ago and the siblin claims to own the house, it must have been through probate.
You can get a copy of it yourself, if you think this would be helpful.
 
DisabilityAdvo said:
Hi- posting on a neighbors behalf.

My neighbor has an intellectual disability- their parents passed away 5 years ago and since this time they have been living in the parents home with HSE support hours. They have been told that the house has been left to their sibling (have never seen the will). Until now the Sibling has been managing the house and supporting them to live there. They have now told them they plan to sell the house and wants their sibling to move out within 3 months.

Does my neighbor have a right to view the will? Do they have any right of ownership as they have been living in this house all their lives? Any advice or direction appreciated.
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I would be interesting to see the Will. If no provision was made for the adult child with a disability they might be able to challenge the Will under Section 117 of the Succession Act, ie, that their parents had a "moral duty" to provide for them. However, I have no idea if this person would be able to instruct a solicitor to act on their behalf. It might be worth contacting the new Decision Support Service to see if they can offer any guidance (https://decisionsupportservice.ie/) or Free Legal Aid. The person may need to act quickly as there is a statute of limitations. (I don't know the starting point).
It would be somewhat surprising that the parents didn't make some provision, eg, right of residence.

You can do a google about Section 117 or see, for instance, here:: https://www.stapletonsolicitors.ie/...section-117-claims-under-succession-act-1965/
 
Does your neighbour have any advocate apart from their sibling and yourself? Like an aunt or uncle or anyone who can assist them? Can someone in social care or a volunteer organisation help? Thank you for helping them, it seems bizarre that their sibling is behaving this way and also that their parents didn't provide for them in the will.
 
huskerdu said:
Anyone can request to see a will that has been probated. As the inheritance was 5 years ago and the siblin claims to own the house, it must have been through probate.
You can get a copy of it yourself, if you think this would be helpful.
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Thank you!
 
misemoi said:
Does your neighbour have any advocate apart from their sibling and yourself? Like an aunt or uncle or anyone who can assist them? Can someone in social care or a volunteer organisation help? Thank you for helping them, it seems bizarre that their sibling is behaving this way and also that their parents didn't provide for them in the will.
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Maybe this organisation could assist?

Welcome to the Decision Support Service website | Decision Support Service

www.decisionsupportservice.ie www.decisionsupportservice.ie
Edit: sorry, I see that @Early Riser already suggested them.
 
misemoi said:
Does your neighbour have any advocate apart from their sibling and yourself? Like an aunt or uncle or anyone who can assist them? Can someone in social care or a volunteer organisation help? Thank you for helping them, it seems bizarre that their sibling is behaving this way and also that their parents didn't provide for them in the will.
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Early Riser said:
I would be interesting to see the Will. If no provision was made for the adult child with a disability they might be able to challenge the Will under Section 117 of the Succession Act, ie, that their parents had a "moral duty" to provide for them. However, I have no idea if this person would be able to instruct a solicitor to act on their behalf. It might be worth contacting the new Decision Support Service to see if they can offer any guidance or Free Legal Aid. The person may need to act quickly as there is a statute of limitations. (I don't know the starting point).
It would be somewhat surprising that the parents didn't make some provision, eg, right of residence.

You can do a google about Section 117 or see, for instance, here::
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Thank you- really appreciate everyone's advice on this- will look at these links further
 
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Frankly, I would rest easy if I knew that the neighbour had instructed a solicitor to probe the issue and to protect their interests.
 
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