Two brothers share equally in their mother’s estate. Each will inherit two properties, they
have their own homes as well. One of the brothers feels badly done by because he has lived
with the family all of his life, and he said he was unable to work, lost any right to earn a
pension, did not earn a salary, and derived no financial benefit by living with his parents. He
wants more than 50%.
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Comments by Wills & Estate Specialist – Terry Johansson
Under the Inheritance Act it is essential for any claimant who is contesting a Will to prove
financial need: in this case the brother inherits a very substantial amount from the estate, and
is unlikely to be successful in any claim for further provision. If the brother has contributed
directly to the maintenance and upkeep of any of the properties, he may be able to claim an
equity, which may give him some ownership of the house, and this would be taken into
account and paid to him if he was successful with the claim, before the division is made
under the Will.
00683.6/CQ/HUD/20165386/AU/C/XXX/4/4/2016/MAC/FN/?*