Scenario as follows:
H's mother died some years ago. He was an executor of the will but says he never even saw the will. His father took on all the executor's duties (not sure if he was also a named executor or if he would have an automatic right to do this as the widower??). H got some cash as an inheritance - probably about 5% of the value of his parents' house.
H's father remarried. Some time later he sold the house. The day the sale was going through, FIL summoned H urgently to his family lawyer to sign related papers - FIL told H he had to give permission for the house to be sold because H had been an executor of the will and he and H's mother had been tenants in common. H went and signed the papers while being hurried by FIL. Solicitor was not present at the time, had just left the paperwork with a sticky showing H where to sign.
My reading of this is that MIL had left her share of the house to H, and that H has signed that away to FIL. Is there another reading?
Is anything anyone has done illegal? Did H act illegally in not dealing with the will? How about FIL's actions and those of his solicitor? Did anyone have a responsibility to show H the will or ensure he understood what he was signing re the house?
(BTW I'm not hoping for any money or for H to take it to court etc. I care for other reasons which are for a whole tedious series of other threads.)
Thanks in advance.
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Legal matters
Will-related question
17 replies
expotition · 10/05/2016 14:22
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