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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to just want some of my mum's and my granny's possessions and a fair share of her house

32 replies

NappyShedSal · 02/02/2012 12:00

Sorry - this will probably be wrong to make sure that I get all the relevant info in My dad died when I was 16 and 15 years later my mum remarried (and my granny died). My mum remarried a divorcee and so she took alot more money into teh marriage - basically all her house etc and all my grandma's house. Consequently when my mum and her new husband, let's call him G, married and bought a house together she always said that her will reflected that her % share in teh house so that her children (me and my sister) would get the rightful proportion back. She must have said this several hundred times!!

Fast forward to January 2009 after 14 years of marriage to G, my mum is diagnosed with a brain tumour, has it removed, has chemo etc but was never ever back to her original self. So in June 2009 her and G remade their wills. Again my mum said that me and my sister would get teh lions share of the value of the house, but they had mutual / mirror wills and the money would go in trust until G died so that he would still be able to afford to live somehwere etc. Likewise on nearly every visit she made sure that I knew which pieces of furniture were hers, or my grannys etc but G could use them until he died. nothing was individually listed in the will as that would have cost more and she was making sure that our family's belongings ended up with our family and not her husban'd schildren (one of whom she didn'ty get on with)

October 2010 my mum died and her husband is sorting out her will / probate / setting up the trust fund for me and my sister - all fine. Except that he's now saying that the house is 50/50. He has also met a new woman, let's call her j, and is getting married later this year. They'll be buying a new house together. I asked him about my mum's furniture and belongings and he said they were his to do what he wanted with as the will left everything to him. If there was anything in particular that I wanted, to let him know and he'd consider it. But if he needed anything for the new house with J he would tak eit and it would become J's on his death because he wouldn't leave his new wife without any furniture.

but this furniture, or pictures, or china or whatever belongs rightfully in my family doesn't it? Some of it was my grandma's. Surely it's not right that some other family, that has no link to ours will benefit from my mum's or my granny's belongings. i want to be able to pass them onto my children, if nothing else. And also to change the % of how much of the house is his and how much was my mum's?

AIBU?! Or is there anything that I can do?

OP posts:
ceebie · 02/02/2012 13:01

... oh, and how to safeguard them too. If your Mum's assets include her belongings, or even just 50% of their joint belongings, can these be listed in some legal way now to avoid confusion and argument after he dies? If he dies before his new wife, the new wife might not be aware of what was his and what was your Mum's, and might contest any claims to her assets that you would make after his death?

ceebie · 02/02/2012 13:03

Oh yes, what's that thing about Joint tenants and Tenants in Common? Got a feeling that that might be relevant.

SarahBumBarer · 02/02/2012 13:05

Sorry - x post too.

If you apply to the land registry (online for about £2) you can see who the legal owners are of the house and whether it is a joint tenancy or tenancy in common etc and what their legal shares are. This does not help however if there are any differences in the beneficial ownership which might be contained in a trust deed (although in some circumstances these will also be registered with the land registry). If legal ownership is tenants in common then you at least have a starting point to claim your fair share in due course - it will then be for G or his executors/beneficiaries to produce any trust deeds etc that show that the beneficial ownership differs to the legal.

With regard to the personal chattels, I would try and find the means to take up an hour or so of a solicitors time to find out what you can do to try and get the items in question documented/agreed with G such that he cannot dispose of them/bequest them to his new wife etc if at all possible.

NappyShedSal · 02/02/2012 14:05

Thankyou, SarahBumbearer, I have now printed off the Land Registry title for the house. it just lists G and my mum as Registered Owners, but doesn't give any further information as to type of tenancy or what % each owns. Is it possible to find out that information?

OP posts:
TroublesomeEx · 02/02/2012 14:19

OP, so sorry for your losses. I have nothing to add but will watch with interest as I fear we might be in exactly the same position when my mum dies. Sad.

babybarrister · 02/02/2012 14:28

This reply has been deleted

Message withdrawn at poster's request.

MusieB · 02/02/2012 14:40

Nappy: on the Land Registry title for the house is there a restriction in the Proprietorship Register (section B) saying that no disposition by a sole proprietor can be registered unless authorised by order of the Court? If there is then they owned as tenants in common and her share passes in accordance with the terms of her Will. If there is no such restriction then they owned as joint tenants which means that your mother's share passed outright to your stepfather regardless of the terms of her will (and therefore he now owns it 100%).

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