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Will-related question

(18 Posts)
expotition Tue 10-May-16 14:22:55

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.

Tiggeryoubastard Tue 10-May-16 14:26:56

Did h even read what he signed?

expotition Tue 10-May-16 14:38:42

He told me he hadn't. That doesn't necessarily mean he didn't.

expotition Tue 10-May-16 17:00:32

Sorry, I mean he either didn't read it or he read it with his father breathing down his neck and didn't understand it / take it in.

MarlowWills1 Tue 10-May-16 17:25:56

FIL told H he had to give permission for the house to be sold because H had been an executor of the will It's much more likely that your husband had to sign the document (probably the transfer deed) because he was a co-owner of the property.

It doesn't sound right, though, the solicitor will have had to write to your husband in the weeks running up to the sale, it's not something which just comes out of the blue.

expotition Tue 10-May-16 19:09:27

Hmm. Thanks. Would the solicitor have required an answer?

gingeroots Tue 10-May-16 21:57:15

Mmm ,if your husbands parents were tenants in common your mother in law might have left her share of the house to your husband and he might ,as said ,been a co owner .

I think I'd be getting a copy of your mother in laws will .It's easy and only about £10
www.gov.uk/search-will-probate

Could your husband get a copy of the papers he signed from the solicitor ? He could explain that he felt rushed and didn't feel able to read them at the time .If any explanation were needed .

GasLightShining Tue 10-May-16 23:15:04

Could he have had to sign as the property was never transferred officially into father's name when mum died. So as executor would still be responsible

You do need sight of the will.

expotition Wed 11-May-16 12:48:04

Thanks all, I didn't realise wills were public domain. I may have a look / point H at it.

Still interested to know if this would all have been legal, in case anyone can answer that...

QuiteLikely5 Wed 11-May-16 12:52:48

I'm very shocked that as executor your dh did not get to see the will. How on earth could he ensure his mothers wishes were carried out if he did not know what they were?

The fact he did not see the will suggests foul play by your FiL

Get Dh to call up the solicitor ASAP and inform him of the events

gingeroots Wed 11-May-16 13:41:22

I think you need to see the will .Then you'll know if the deceased's written instructions were carried out .If they weren't then the exexcutor has acted illegally .

expotition Wed 11-May-16 18:43:29

Thanks. I will speak to H and try and persuade him to look at the will.

gingeroots Wed 11-May-16 20:59:53

Just to say that anyone can apply for a copy of a will .

expotition Thu 12-May-16 08:25:37

Yes, I got that - I just feel a bit uncomfortable doing it myself as it's not my family. Thanks for everyone's help smile

gingeroots Thu 12-May-16 08:45:51

Yes ,sorry expo I can understand that .I was partly posting to "spread the word " about how easy it is to get a copy .

How does your husband feel about asking the solicitor for a copy of what he's recently signed ?

expotition Thu 12-May-16 08:52:51

H is away at the moment so we haven't discussed it yet. But I think he would be concerned that solicitor would mention his request to FIL (he and FIL are very old friends). So I imagine he'll either want to look at the will first or decide to let sleeping dogs lie.

MiniCooperLover Tue 17-May-16 13:36:42

Did anything happen with this OP?

expotition Tue 17-May-16 16:25:30

I discussed it with H and he has applied for a copy of the will. They say 10 days to provide it so we are waiting!

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