legal elderly housing advice needed

[ednaclouda]

legal question - if dad 97 recently widowed Call him Lewis
NOT LISTED ON MORTGAGE DEEDS has paid into the household for 35+ years has a good pension (army) thats been paying ALL the bills for spouse Call her millie who has recently died

lewis and millie are married 35 years ago. again. he's not on the deeds

Lewis in a wheelchair we can't get a guarantor to fund his care costs to go into a residential home where he would thrive and hv a much better life quality
millies chldren want him to sign a lifetime residency (don't know what this is )

I KNOW HE'S NOT ON THE DEEDS I KNOW THIS DONT KEEP BRINGING IT UP

Millies kids will start pushing for the house money how can I find out if they have begun contentious probate
a will was drawn up july 2025 by both of them but we have gp + nhs paperwork that is dated april 2025 where millie has been diagnosed with dementia I dont want dad drwn into legal solictor lagal mess cos it just stresses him out.

millies kids are back stabbing and underhand and lewis is scared that hes going to be put out of the house. what is my next move how do we get evidence of 35 years of keeping the house going by Lewis HIM.

advice please not just stating facts he's not on the deeds.
I know this.
I know this

There were married so I’d presume the name on the deeds is irrelevant it was a marital asset
depends what Millie left her share to

Many solicitors do a free half hour session, you could put your case to them to see where you stand.

Which country is this happening in?

If they were married it’s irrelevant he is not on deeds. See a solicitor asap xxx

uk

we have spoken to the solic that witnessed and wrote up this july 2025 Will
he's just quoting data protection and GDPR rules at me

Was asking if he had received a 'contentious probate reuest but I dont know if he is allowed legally to tell me unsure unsure

What part of the UK? Different law may apply depending upon where they are.

Does Lewis still have capacity or is there a lpoa in place?

Yes! There are a lot of differences between Scotland, NI, and England & Wales.

OP, there are different legal jurisdictions within the UK. Are we to assume the house and the situation involved are within England & Wales?

Need to know which country of the UK please as England/Wales have different laws to Scotland/n Ireland. Also did Millie have a will and what did it say? As Millie's spouse, Lewis likely has a claim to reasonable provision even if she disinherited him entirely from the will in favour of her children. Or if she died without a will he will be able to claim a substantial part of her estate if not all under intestacy rules...

Millies kids want the house - if lewis isnt named on the deeds
how can we fight this as he's not the 'owner' of the house
they were married for 35 years so is it common law rules or what ..... ?
I'd like Dad to change the locks but is that illegal ....
just don't want dad aged 97 to be drawn into a legal battle that would stress him out

Take a breath. You have time. Don't panic. Yes the outcome might not be what you and/or Lewis want, but you have time. Sorry for his loss and the death of your step-mum. Her family will be feeling that loss. I would suggest that regardless of house/financial issue that you meet/call and see if there are personal/family items they would like? Assuming will didnt specify otherwise. That might reassure that family that you ie your family intend to deal with them fairly.

He was married to her so whatever she had in her estate passes to him

Especially if you say the other will was invalid due to a dementia diagnosis- if that is true tho no solicitor would have allowed her to make a will

the july 2025 will states
50% of EVERYTHING to go to millies children
50% of evrything to go to Lewis children

everything estate, property, jewellry
How can `millies children get the 400k house ?????

hence millies children wanting lewis to sign a lifetime tenancy ?

Who did Millie leave God house to in her will? If Lewus, get him to change the locks.

If he's got £200k in the house, agree to sell so he can be cared for in a residential home. At 97, it's thr best way forward.

Ok and was there an earlier will saying something different? Who is appointed executor of the July 2025 will, and is there no provision for Lewis at all, even a lifetime right to reside in the property? You still haven't said which country within the UK but the July 25 will sounds challengeable under a couple of different grounds, first that Millie may not have been in sound mind when she made it (the dementia diagnosis relevant but not conclusive, people with dementia may still have capacity to make a will), second that she hasn't adequately provided for Lewis, who would be her dependant, if she's entirely disinherited him with no provision at all. I think you should get legal advice, not necessarily to embark on a big legal battle with Millie's children but to understand where you/he stand and with a view to negotiating a compromise accordingly. In the meantime don't panic, don't sign anything, don't burn any bridges - sounds like Millie's family can't force a sale or evict Lewis imminently in any case...

we're not sure if there is a newer July 2025 Will Millies children are very squirrely

anyone know what is involved in a lifetime tenancy or do I not want to know
would Dad (lewis) have to give evidence that he paid into the house costs for 35+years

I would move him into a care home today but as I said before we can't get anyone to be guarantor its part of the application form for one of these homes Ive asked Millies children to their FACES will you sign as guarantor so Lewis can be cared for properly NOTHING NOTHING

@ednaclouda why would you expect Millie’s kids to sign as guarantors for your dad (assuming he isn’t their dad too)?

Please try to be calm about this as it’s quite hard to follow your posts. Are you saying that Lewis was not left anything the will? If so then he has no rights to the house directly, he would either need to bring a claim that he was a dependent and entitled to be supported by the estate or try for a TOLATA claim on the basis of his contributions to the house ( though not sure if it’s too late as the owner has died,might have had to do that during life). Practically speaking it would be best for him to stay there and not move out ( as they would need court order to remove him) - if he wants to move out then he will inevitably weaken his position. Who is the executor of the will as it will be them you are dealing with in the first instance.

A lifetime tenancy allows him the right to stay in the property even though others may own a share or even in its entirety. There may be conditions regarding upkeep of the property, what happens if he needs to move out and any allowance for his costs. However if he was left even half he might need to agree to sell to cover his care costs unless he has savings or other provision of his own. Jurisdictions within UK vary regarding intestacy and inheritance rules.

Why did Millie not leave anything to her husband?

Sorry you aren't making much sense.

So, Millie owned the house and paid for it, presumably many years ago before she married Lewis? Lewis contributed to normal household bills.

Both Millie and Lewis have their own children but no children with each other?

You aren't sure if Millie left the actual property or a life interest to Lewis as you don't have sight of Millie's valid will?

Lewis now needs to move into a care home but can't meet the weekly payment unless it turns out part of the property belongs to him and can be sold to raise funds?

You need to calm down, explain clearly and instruct your own solicitor that you pay for.

Questions answered
there are 2 wills dated july 2025
one lewis
one millie
why shouldnt millies kids be guarantor for dad because he's paid for the house upkeep for the last 35 + years
they want the WHOLE HOUSE 4OOK

the executor of the will is obeying the legal rules - as he should and passing us to another firm

I want to be forwarned abt millies kids fight so we can be proactive
I'm sorry its so messy i'm very emotional about this lewis is 97 and doesn't need this hassle from these squirrely kids

Is this right? Millie has died, she owned the house, her valid will states that on her death the house is to be left 50 % to her children and 50% to his children (you?). He is 97 and wheelchair bound, he cannot manage independent living so he would be safer in a carehome. Why can't the house be sold as per her will or her children buy your 50%? That money can be used to pay for a carehome or if you don't want that then he needs a care assessment and a financial assessment from social services who can find him somewhere. Does her have capacity and is there poa in place.