mother's business affairs and will

My 81-year-old mother has 2 children; my brother and myself. I currently look after her affairs but she is in sound mind. She has already signed her house over to me and I am the legal owner. She has no will as she says everything will go between my brother and me.

I am concerned on 2 fronts; what would happen if she become incapacitated and incapable of administering her own affairs and

What happens when she dies - who can do what with her estate?

I would appreciate any guidance

Your mother needs to make a will immediately as if she doesn't when she dies it will be classed as intestate. It really doesn't matter how much or how little she owns. However she requires a Will probably to be made in a solicitor's office as it does have to be witnessed by independent persons who will not be beneficiaries.

My advice is enjoy every moment with your Mum, 81 is a fantastic age and hope she'll be around for a long time. Don't bother your dear Mum with things you can sort out when she's gone!
If there's only yourself and your brother then things should be split 50/50. Legal issues you can deal with at a later date..............until then love, live and laugh.

luckylou said:

My advice is enjoy every moment with your Mum, 81 is a fantastic age and hope she'll be around for a long time. Don't bother your dear Mum with things you can sort out when she's gone!
If there's only yourself and your brother then things should be split 50/50. Legal issues you can deal with at a later date..............until then love, live and laugh.

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Never been through an intestacy and/or disputed will then.

If your mum is of sound mind and she wants what's best, she can take a couple of hours to make a proper will that will be valid, which will be of great benefit when she does pass away. I'll be in a similar position-two children, only mother left alive.

Who knows who'll come crawling out of the woodwork when your mum passes away. Better to get it 50/50 in the will now.

I'm no legal expert but might it be worth considering the possibility of power of attorney so that you can administer her affairs if she ever does become incapacitated? Hopefully she will never need it but it might give her peace of mind to know it's in place 'just in case'.

Hi Olivia

Lets cut to the chase, say for example your mother passes away and without a will. What would be your intention with regrad to 1. the house 2. any other assets which form part of her estate.


PS Do not be so sure that your mother has not left a will, i have seen it countless times, remember a will speaks from death and that is the intention of the deceased most will not discuss this in life.

Does your mother intend for you to have the house and everything else to be divided 50:50? Or is the house part of your 50%?

When my mother died intestate, my siblings and I were told that if any of us had been given a gift by her before death (eg of cash or of a site) this would be deemed to be part of our inheritance. If your Mum dies intestate I wonder if the house would be considered part of your inheritance?