Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to investigate whether my grandfather's widow has diddled my mum out of her inheritance?

143 replies

mrshibbins · 12/10/2009 17:18

background:

My mother is an only child. Her parents were divorced acrimoniously when she was a small child and she did not see her father again after the age of 12 because he ceased all contact when he remarried - to a girl only 4 years older than herself. This has always been a source of much self-doubt and unhappiness for her.

He had no further children. He died in 1977 and left a widow and a property.

I only found out all this because about 5 years ago I conducted a search at the Family Record Office. I found out from the death certificate that he had a widow, and from the electoral register that she still lived at the same address. I wrote to his widow, explaining who I was, and asking to meet her to talk because I really wanted to find out what had happened to my grandfather so that I could put my mother's mind at rest in some way.

I heard nothing for nearly 3 months, then she telephoned me (but withheld the number). We arranged to meet in town (she would not let me go to her home) outside Tie Rack at Liverpool St Station and from there we went to a pub and had lunch. She was very defensive throughout the meeting. She told me that when they met he was a very successful electrical engineer and doing very well for himself financially. After marrying she moved into his house - still occupied by her.

They had no children together and she had no children of her own. He subsequently a complete mental breakdown from which he never fully recovered and that he died relatively young in his early sixties.

I asked her why she had made no attempt to contact my mother when he died and she became even more defensive and said she did not understand why my mother would want to know. I made several attempts to contact her since this time, but she never replied to any of my letters or cards.

Then my OH recently suggested that the woman never contacted my mother when her father died because no will had been made and that my mother would have had some legacy coming to her. And thought that this is why she refuses to be in contact with us.

So, I started investigating and sure enough, no will was ever lodged with the Probate Office. I have contacted a solicitor and he has said that my mother would in this case should have inherited 50% of the property (on the death of his widow) and that the next step is to make enquiries with the land registry to see who the flat was registered to at the time of my grandfather's death.

I have no desire whatsoever to turf the woman out of her home, or to say to her 'what you did was wrong' because she must have been in a state. BUT eventually, when SHE dies, I want to make sure that my grandfather's property and remaining possessions should pass to my mother, and not to anyone else.

Am I doing the right thing in pursuing this?

OP posts:
DwayneDibbley · 13/10/2009 13:28

This reply has been deleted

Message withdrawn

theyoungvisiter · 13/10/2009 14:21

"After a long walk last night and another this morning, I have decided not take the issue any further, whether there is a legal case or not"

But shouldn't you still discuss this with your mum? I'd feel a bit weird in your shoes, that I had all this info about her past and options and wasn't passing it on. Actually, I think that's almost as wrong as poking around behind her back without her go-ahead.

Unless there's some mental competency issue, I really don't think there's any reason for not putting this decision in the hands of your mother. I realise there are lots of emotions involved but she's an adult woman after all, not a child. Don't you think she deserves the respect of being able to decide what to do with the information you've dug up?

What do your siblings think? You mentioned below that you are one of three. How do they feel about you taking this decision on your mother's behalf?

JeremyVile · 13/10/2009 16:03

Agree with Tyv.

You had a little dig into things, so you could decide if your mother should be told about a possible claim and now (for whatever reason) you have decided not to look any further into it.

Its not for you to decide though is it? Its for your very able and healthy and active mother to do so. I say this only assuming that your mother is indeed only unaware of these issues through naivety, as you claim and not because she dismissed any interest in it some time ago.

oldraver · 13/10/2009 19:35

Mosschops similar circs here and I feel the same. I havn't seen my 'father'for over 35 years and have no desire to see him or indeed no if he is alive. I certainly dont give too hoots a to what happens to his estate

oldraver wondering if her DH had secret child who will comew out of the woodwork in 20 odd years time wanting half my house

Jux · 13/10/2009 20:57

You are making decisions on behalf of your mother which you are not entitled to make. Your mum doesn't need to be coddled like a baby. She's brought three of you up with nothing. She can manage the truth.

Seabright · 13/10/2009 21:18

"not sure if I believe someone is a property lawyer when they can't spell legitimately."

Believe me or don't believe me - your choice, I have no reason to lie. As for my spelling one word wrongly - well sorry for offending you with an incorrect spelling late at night when I was trying to pass on some accurate legal advice that you'll get charged for by your own lawyer. As for spelling, that's why I have a secretary & why she has a spell-checker.

Angryfrommanchester - you need to know whether your house is held as Joint Tenants or Tenants in Common and you need to make wills. Yes, a dependant person (anyone, not just a child) can make a claim under the Inheritance Act if they have not been adequetly provided for in a will.

Hope this helps. Deep & groveling apologies in advance for any spelling mistakes.

Jux · 13/10/2009 21:27

seabright

slowreadingprogress · 13/10/2009 22:08

I agree that this is your mum's decision to make, whether to take things further or not! You are taking alot of decisions on her behalf here.

AngryFromManchester · 14/10/2009 10:19

seabright, thanks for that. I have no idea whether we are joint tennants or tennants in common. How would i find this out?

I spoke to dh about the wills last night though and we are going to get it sorted

pooexplosions · 14/10/2009 13:00

mrshibbins, you already decided the morality or otherwise of your issue, otherwise you wouldn'y be so obviously seperating out the responses into
ones you agree with= which you call genuine and helpful and kind, and
ones you don't like= which you call mean and nasty.

Seems to me like you are going out of your way to heap blame on an old ill woman who lost her husband after hard illnesses and had no children.
Why do many women insist on blaming other women for mens faults and problems, even, as here, 2 generations removed from the issue?

fernie3 · 14/10/2009 13:55

I dont think she would inherit anything unless there was a will (which it doesnt sounds like there was).

My mum died when i was young and my dad remarried about 3 years ago - If he died now everything would go to his new wife. TBH I dont care its up to him who he gives his money/stuff too!

I would leave it alone and move on because in my experience going digging up bad memories from the past just leads to trouble.

sophie

edam · 14/10/2009 14:17

Agree with the majority here who think this is your mother's decision to make - but with the health warning that it is entirely possible there was no inheritance to be diddled out of, given the rights husbands and wives have over joint property (depending on whether they are tenants in common or joint tenants) and house prices at the time.

Tbh I have no idea whether dh and I are joint tenants or tenants in common. Surely our solicitor should have told us at the time we bought the house? Have no recollection of this.

Morloth · 14/10/2009 14:41

You have a copy of the contract edam? It should have it on the front page.

AngryFromManchester · 14/10/2009 15:58

is the contract the deeds thing?

edam · 14/10/2009 22:54

not as far as I know - assume the deeds are with the mortgage company. (Do I need a spectacularly dim emoticon here? Does everyone else know exactly where the contract is?)

Seabright · 15/10/2009 22:43

Regarding "Tenants in Common" and "Joint Tenants" (TiC & JT), you should have been asked by your lawyer before the purchase was completed, but to be honest a lot of people forget, as you're asked lots of questions and have lots to arrange at that time.

If you have a copy of the Land Registery entries for your property you can tell which type you are register as. If, in section B of the register, it just gives your name and address you are JT, if there's another paragraph headed "RESTRICTION" then you're TiC.

Either way, don't worry, you can swap from one to another depending on what works best for your person situation. There's no hard and fast rule on which is best, it all depends on the individual circumstances.

Hope that helps, let me know if you need any more info.

Morloth · 15/10/2009 22:45

No not dim, I did my own conveyance so have copies.

If we were in Australia I would say "run a search at the Land Registry" but I am not sure what you need to do to find out here.

Seabright · 15/10/2009 22:52

You can get copies from the Land Registry website for a couple of quid.

New posts on this thread. Refresh page
Swipe left for the next trending thread