Hi All,
I am asking this for a friend. (….really, as I am an only child and my parents have long passed).
My best mate who I have been friends with since we were kids, has an older brother that has always been 'absent'. Mental issues, alcohol abuse (probably drugs, and who knows what else).
His older brother left home before he was 18, I think my mate was 13 at the time, and basically, he (my mate) has been the true support to his mother who now would be in her 70's (his father has passed away). She relies heavily on him for so many things, maintenance of her house, health appointments etc etc. I haven't said this to him, but I think without his help, she would have passed away years ago.
Anyhow, I understand that the above information has no relevance to my question but just wanted to provide some background.
You have probably guessed my question - what needs to be done so that my mate gets the fair share of his inheritance when the time comes and his mother passes away.
See a lawyer and don't post a question like this here would be the sensible answer, and I would normally agree with this.
He has seen a lawyer, and gotten a will done up. From what I have been able to gather (we are good mates, but it still feels uncomfortable discussing matters like this with him), the solicitor has basically just followed a set procedure, doing up a will that has been spilt evenly between both brothers, and saying that is the only thing that can be done (otherwise it will be later contested).
I can actually see the solicitor's point of view, but there must be something else that can be done.
And yes, you care for an elderly parent because you choose too, not for reward.
I was listening to some discussion on talk back radio recently, and heard that when the will is being executed after the funeral, a recipient who has been allocated an equal share can put forward a case that they are in financial distress and argue that they should get a greater share (I actually was not aware of this, and immediately thought of my mate when I heard this).
This can almost become an act of ransom (I don't know what the legal term for this is), as while this is going back and forth between lawyers, the lump sum is shrinking, and we probably aren't talking about much of a lump sum as it is a small run-down fibro unit.
Any experienced suggestions welcome.
He is such a nice guy and human being, I can't help but worry what may happen when the time comes, even though I don't think he has really given it much thought.
My parents passed away 7 years apart, and it was expected as they were quite old. Despite this it was a very sad and lingering experience - I can only imagine how much worse it would have been if there were then legal proceedings around the will.
Give the inheritance before the will is needed is pretty much the only way… Otherwise anything can be challenged
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