To ask this question about my parents will?

[Secrets2tell]

My DB lives with them. He is in his 40's. My elderly parents have told me that they have written a will and the house will be shared equally between us both. But as he lives with them they have added a condition that he remain in the house for a period of 3 years before it can be sold.

Fine their house their will! I have one question that I did not want to ask them as I understand it to be their wishes. DB get on ok in theory but He has taken advantage of my parents and they are enablers of this which makes him a very selfish, lazy and entitled person in general who has never been shown how to pay his own way in life.

So my question is if he takes temporary possession of the house what happens to the contents? I am not talking big things I am talking if I wanted say a keepsake or something...would he be able to stop me from doing this? Also who would be responsible for maitenance. If he lets a leak get bad or something would I then need to pay for extensive repairs? I am just wondering what type of headache my parents might be causing in imposing these extended terms for 3 years after.

Hyacinth I do not believe my parents are aware of that! It sounds like they think they have already paid the solicitor for this service.

I have the health POA and solicitor is executor and financial POA. I believe the reason why they did this is because my dad fell out with his siblings over financial affairs and they are trying to avoid this! I am not sure they have succeeded

£7000

I think you need to speak to DP with your concerns, also if someone can clarify further what the executor will charge for the first 3 years. Ooh and the lodgers thing.
At least DB & yourself will need house & contents insurance, plus any repairs are 50/50. Not to mention if you think of doing additional work if the house is in need of a bit of sparkle.

It sounds like your parents have been majorly ripped off by the solicitor. It might be worth suggesting they get the bill checked by the Law Society.

I know of 3 situations where property has been left conditionally. So new partner is allowed to live in house until they die, but when they die the property goes to children or other blood relatives, not to partners family. And two other similar set up's. Similar if not the same to your brother being allowed to stay on in the house for a set time before its split. All have been contested in court and half the estate spent in solicitors fees. Its a far more difficult situation to control than simply leaving a property outright to 1 or more people. Sorry.

My god. I'd go to the law society about that. We charge £180 plus vat for basic mirror wills. We are a good known firm of solicitors in Scotland.

How easy would it be to extricate DB after three years if he decided not to go?
£7000 is an unbelievable amount. I imagine the royal family paying that amount, unless your parents have very complicated affairs.

Sorry, there is no way that should have cost 7K. I would look into that immediately.

Very Very expensive. For that price I'd expect an asset protection trust. I suggest you also get copies of their fee structure. Good idea to have a pro acting as a trustee in this case as I think all could get messy but the prices are crazy.

Ok, to answer you questions.

It's going to depend on how the will was written as to what happens to the contents of the house. Often this will be in with the trust details (more on that later) but it may just be included as chattels or as residue, in which case it should be handed out as soon as probate is finished.

The house itself is likely to be in one of two trusts. They get called different names but I know them as Right to Occupy (rto) and Protective Property Trust (ppt). The main difference is with a rto the person can stay there and with a ppt they can get an income from it - by having a lodger or renting it out fir example. With both of these trusts it should say if furniture etc is included. They usually require insurance but it will saying the trust if that is to be paid by tenant or the estate. If its the estate they will have to hold some residue back to pay it.

One thing to remember is that while the trust is in place it belongs to the trustees - not the tenant or the beneficiaries. They will be able to give their opinion on things but the trustees will make the final decision.

If you think your db might refuse to give up the house they will be responsible for getting him evicted so you need to make sure its nit just you two as trustees. I would always have a minimum 3 trustees if the tenant was one if them.

With regard to mementos it depends what is said in the will as to when you can get them but it will be the executors you need to get the ok from.

Hope that makes sense, pm me if you have questions.

Kirrie can you pls PM me your company a that sounds like a great deal (from your username I think we are in the same region)

As regards contents possessions, my mum has named certain things to go to certain people in a side letter for the executor. I believe its not legally binding but it persuasive.

But if they won;t talk about it it's going to be a bit hard to suggest that!

Thank you so much for your help and advice. I am going to attempt to speak to them about this and will report back.

My parents did exactly the same...the will was divided equally but they had a clause that said my very spoilt pandered too DB could live in the house for x amount of time and I couldn't force a sale so he would be kicked out.

To be honest it totally pissed me off that they thought they had to 'protect' my DB in this way and has altered how I see them in light of their wills which I think they use to score points...My Motehr even made a point of leaving her wedding and engagement rings to my DB...

In recent tyears I have refused to engage in any will talk and have told them I am not bothered with any aspects of it

If they won't speak to you, maybe you could explain in a letter.

Well I promised I would update you all and I will try and not turn this into a rant.

I have been told it is not my business. I have also been told that I am not POA as I was original told but in fact that has gone to my DB too. They are happy with their decision and I have to accept it.

I am upset and hurt as they have told me the reason that the solicitor is executor is because if there are any disputes then the executor will get involved and have final say. However as my brother will technically have control over everything at ground level they can only be anticipating that the dispute will be coming from me and will be protecting my brother from this.

This is a big eye opener for me so I will take a step back and say no more.

She has basically said that my DB needs protecting from me. I have honestly never done anything to give her that impression and feel very hurt.

Sorry to read your update OP

If your history doesn't shed light on whey they would do this then it's possible that their most ridiculously expensive in the world solicitor has been sowing seeds to oversell them his/her services for outrageously overpriced will/trusts/poa/exector services. Fear is a great motivator.

I would absolutely feel hurt as well. I'd also prefer to know where I stood now than after they had died so that's an upside. I hope you're OK.

Sorry to hear that OP and being hurt is quite understandable. Have they considered what will happen if they need care? At least you can leave all that now to golden child DB .....

Op before you got told that - ie non of your business were you able to raise the costs issues and why it cost 7 grand? In the kindest way I would step right back from this or you need to get your own solicitor.

It would cost an awful lot of money to extricate your DB from the house etc etc etc. Its his home and was/is he financially dependent on them?

i wonder if you can ask now - for anything of sentimental value, I would tell your parents up straight that you are now not expecting anything from them at all, it would be impossible with the set up, and you feel its been done to cut you out, but can you have anything you want small - ie - photo - or small item of something?

Sounds dramatic but my D P situation is also nightmarish and I asked for one picture which I have now....which would be binned or chucked....in the event of death. I feel happier now.