House inheritance

[doughnutcraver]

So upset and angry. My mother died three years ago. In her will she put her children and grandchildren to inherit her half of the house with and my step father(no children) owning the other half. It stated the stepfather could live there until he died if he wished. They were tenants in common if that makes any difference.
Step father has met another woman and wants to sell the house and apparently been told by a solicitor that he could buy another house and we the children and grandchildren would then own half off this new house. Surely not?
Ive always had a bad relationship with step father and told my mother years ago that he would rather give the house to dogs trust or NSPCA than let us have it. My mother said that is why she is doing her will to protect us.
I can't afford solicitors so he will probably get away with whatever his plans are.

You should really see a solicitor and show them the exact terms of the will. If money’s tight is there a university law clinic close to you? This is exactly the sort of problem they like to give students.

If you are tenants in common with your stepdad, he really shouldn’t be able to sell the house on his own. But if you agree to allow him to sell and buy a new house with the money, unless you were very careful that new house could end up belonging entirely to him.

Would it be out of character for him to be lying to you about the solicitor’s advice?

You need to speak to a solicitor. It may be that he has an interest in the property for life or it may be that he can live there until he moves or lives with another person. It will really depend on the wording of the will.

@doughnutcraver

So upset and angry. My mother died three years ago. In her will she put her children and grandchildren to inherit her half of the house with and my step father(no children) owning the other half. It stated the stepfather could live there until he died if he wished. They were tenants in common if that makes any difference. Step father has met another woman and wants to sell the house and apparently been told by a solicitor that he could buy another house and we the children and grandchildren would then own half off this new house. Surely not? Ive always had a bad relationship with step father and told my mother years ago that he would rather give the house to dogs trust or NSPCA than let us have it. My mother said that is why she is doing her will to protect us. I can't afford solicitors so he will probably get away with whatever his plans are.

No this isn’t correct. What % of the house did they each own as tenants in common? In my mums will which I just happen to have here as she died last week, it states that my stepfather can live in the house until he either dies, goes onto long term care or ‘cohabits with another woman’. She owned 80% and him 20%. The tenants in common is written into trust. As soon as he starts to try and buy another house, the conveyancing solicitor will see from the deeds that he only owns a % of the property and in fact needs your signature in order to sell it. If you did agree, the proceeds from the house would also be split as per the % of tenants in common by the solicitor - he will not get his hands on the money! What to do: First get a copy of the deeds from the Land registry here www.gov.uk/get-information-about-property-and-land/copies-of-deeds . They will show who actually owns the property, if there’s a mortgage against the property too. Next get a copy of her will here www.gov.uk/search-will-probate . It will show exactly what she left to whom. Then get an appointment for a free consultation with a solicitor - Ive got one next week for 45 minutes and they’ll advise me how to move forward, plus their costs should we choose to use them for any subsequent work. I cant emphasis how important it is to get legal advice - you could end up losing out on tens of thousands of pounds! You can pay them out of your inheritance money.

No it doesn't work like that. A relative of mine has tenants in common. He can sell with your agreement but he only gets half. Or he can live in it and leave his half to whomever he chooses.

I don't believe he saw a solicitor...

@bedtimealready

Hello, I'm in a similar situation. My Mum died 3 years ago too. What I don't understand is: say current house is worth £500,000. So: £250,000 in trust and surviving partners half is also £250,000. What if my stepdad moves house and new house is worth £300,000. What happens then?

Does the trust specify a monetary sum (eg £250k) or a % of the property? In the first instance, you would receive that amount from the sale. If the second, you’d receive that % (so if it says 50% and the house is sold for £150k profit, you’d get 50% of £150k) The solicitor dealing with the sale of the house will only pay the correct money to the beneficiaries - it won’t all go to whomever is living in the house for them to then share out.

Most solicitors will give you a free half hour. If you go and see one take a friend who can take notes just in case you are too emotional to really grasp it.

I would rather keep things very clean. He sells and gives you half rather than you have an interest in the next house. You can then cut ties and you have what your mother wished.

You can also put an alert on a property with the land registry which will show you if someone searches the deeds for the property, at least you will know if someone has been looking at the property.

The solicitor advised against it as if my mother died and my stepfather then remarried it would become really difficult to get them to sell and the money could be tied up for years
It turned out to be good advice

You need to speak to a lawyer. Most will give you a free consultation for 30 minutes.

Failing that you could try posting in Legal Matters on MN where you should come across a real lawyer.

You need to check the exact wording of the Life Interest. The life interest can last for the rest of his life, or until he co-habits or re-marries. Please take to a solicitor to read it over. The wording here is very important as Life interests can very dependent on the particular instructions of the client.
life Interests are usually transferable - usually so people can downsize or move to more suitable housing as they age.
Again, it's important you take this to a good solicitors who can talk you through the Life Interest. Even if you have to pay a small fee it will be valuable knowledge.

This is ridiculous surely if he sells he would have to give half to grandchildren and can then buy with his half?

This can't be right otherwise why did your DM do it in first place if it could so easily be overridden. Take advice.