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Marita died two years ago and left her house to her three children, Barney, Fiona and Jess. The three children were all studying at local

  1. Marita died two years ago and left her house to her three children, Barney, Fiona and Jess. The three children were all studying at local universities and have continued to live in the house since Marita's death. They were joined by Barney's wife, Kishani in 2020.

Barney recently completed his medical training and had decided to move away from the area to advance his career. He and Kishani intended to buy their first home together. Having assumed that they all owned the house in equal shares, Barney told Fiona that he wants Fiona and Jess to pay for his share in the property. However, Fiona thought this would be impossible. Both she and Jess are still students and do not have the income to repay the mortgage they would need to pay Barney what he wants.

Having discussed this while they were on holiday in Cornwall, Barney and Kishani are unhappy at Fiona and Jess' response, so Barney wrote a letter to his sisters stating that they want the money from his share in the house. If they are not able to raise it by mortgage, then the house will need to be sold and the money divided between them. On the way to post the letter, Barney was involved in a car accident and was killed.

After showing the letter to Fiona and Jess, Kishani has said that she wants Barney's wishes to be fulfilled. She still wants to move away as the couple had originally planned to do. As the heir to Barney's estate, Kishani has asked that his share be paid to her. Fiona and Jess have argued that their mother intended the house to be given to the children and therefore the value should be shared between the sisters.

Advise Kishani, Fiona and Jess as to the co-ownership issues raised by this situation and whether Kishani is entitled to the share she believes to be hers.

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