Late father's house..

Hello

Based on the details you've provided, you are in a difficult and emotionally trying situation. Here is some information that may help you understand your legal position.

Dying Without a Will
When a person passes away without a valid will, it is known as dying "intestate". In such cases, the distribution of the deceased person's assets is governed by the intestacy laws of the state or country where they resided. These laws establish a predetermined hierarchy of heirs.​

Typically, the hierarchy for inheritance is as follows:

Surviving spouse​

Children​

Parents​

Siblings​

More distant relatives​

Since your father passed away without a will, his estate, including the house, would generally be divided among his children according to the rules of intestacy.​

Verbal Promises and "Proprietary Estoppel"
As a general rule, verbal promises regarding inheritance are not legally binding. However, there is a legal principle known as "proprietary estoppel" that can sometimes be used to enforce a verbal promise relating to property.​

To make a successful claim of proprietary estoppel, you typically need to prove three things:

Representation: There must have been a clear promise or assurance from the property owner. In your case, this would be your father's repeated statements that the house is yours.​

Reliance: You must have relied on that promise. Your actions of moving back into the house, paying for bills and repairs, and maintaining the property with your own money would demonstrate your reliance on your father's promise.​

Detriment: You must have suffered a detriment as a result of your reliance on the promise. This would include the money you spent on the house, as well as the time and labor you invested, and potentially the lost opportunity to buy your own property.​

If you can prove these three elements, a court may rule that it would be unjust for your father's estate to go back on the promise, and could order the property to be transferred to you.​

Proving Your Case
To enforce a verbal agreement, you will need to provide evidence to the court. The standard of proof in civil cases is the "balance of probabilities," which means you need to show that it is more likely than not that the verbal agreement existed.​

Evidence that could help you prove your case includes:

Witnesses: People who heard your father say the house would be yours, including some of your siblings, can provide powerful testimony.​

Your own testimony: You can provide a detailed account of the conversations you had with your father.​

Financial records: Receipts, bank statements, and any other documents that show you spent money on the upkeep and maintenance of the house can serve as evidence of your reliance on the promise and the detriment you suffered.

Your conduct: The fact that you lived in the house, cared for it, and made financial contributions for many years are actions that support your claim.​