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Original poster

Can someone make a will leaving something that's not theirs??

13 replies

Peopleplease · 14/07/2017 16:37

I know technically they can, just wondering if it would be awkward to sort.

My Aunt lives in a house previously owned by my father. I remember him signing a document saying she had the right to live there for life. He died a few years ago and when I was sorting taxes the document couldn't be found by the solicitor. Didn't really matter, I inherited the house and have no intention of doing anything with it.

I thought my Aunt understood that I owned it but a while after she started talking about leaving it to my daughter (who is 3). I gently reminded her she didn't actually own it and all sorted.

Except she's started saying it again - that she'll leave to go DD1 and she can live there when she's big.

I don't really want to start saying again that it's not her house to leave. I'm just wondering if she went to a solicitor to chance her will would she need proof she owned the house??

OP posts:
snotato · 14/07/2017 16:41

If I were you i'd talk with the solicitor again.surely they must have something in their records.or perhaps land registry?

shouldwestayorshouldwego · 14/07/2017 16:44

It is worth checking on the land registry who the house belongs to. If it was fairly recently (last 20yrs) then you should be able to do this online.

Syc4moreTrees · 14/07/2017 16:48

you can put whatever you want in a will, but if she doesn't own the house the gift will just fail. If the house is in your name the right of residence expires on her death and you can do what you want with the house.

notapizzaeater · 14/07/2017 16:48

Has she just forgotten ?

RelaxMax · 14/07/2017 16:50

Is she a bit confused? Strange that she'd forget something so vital twice.

If she leaves it in her will but doesn't own it, the executor of her will just can't pass on the house.

littlespeckledfrog · 14/07/2017 16:54

If she doesn't own it and tries to dispose of it in her will, the gift will simply fail when she dies and it becomes clear she doesn't own it. This should be clear from the land registry title if the house has been correctly transferred to you.

If she went to a solicitor to make a will and claimed to own it, the solicitor wouldn't necessarily check this, but might well ask questions that would draw out the true position.

It is worth trying to locate the document creating the life interest/right to occupy as previous posters have said, it may be lodged at the land registry or there may be a restriction on the title at the land registry. This should tell you more about the basis on which she is occupying. You can access land registry documents online or can telephone them.

2014newme · 14/07/2017 16:55

I would definitely get this sorted out and o would remind her every time she says it "that's a lovely idea but actually it's my house"

WhollyFather · 14/07/2017 16:56

I presume your father left a will? Sounds to me as though your Aunt was left what is known as a 'life interest' in the house, which would not make it her property or allow her to sell it, let it, mortgage it, or leave it to anybody else.

The ownership of the house should have been transferred to you as part of the probate on your father's will, which would be a helpful document to see, or the Land Registry ought to be able to provide a copy of the house's registration, which can be accessed online for a few quid.

IANAL.

PetitErmitage · 14/07/2017 16:57

No, someone can't bequeath something which isn't their property and you have inherited this property so presumably are the registered owner on the Land Registry . However you would be best speaking with a solicitor to understand what rights your Aunt has in the house. Even if there is no official paperwork recording the arrangement, she may have gained certain types of rights in the property e.g. As a life tenant or tenant depending on the circumstances. In certain situations, ownership can arise if, for instance, your Aunt was persistently led to believe she would be granted ownership of the property but these situations are quite technical and your best bet would be to seek legal advice.

Original poster
Peopleplease · 14/07/2017 17:34

It was a right of residency Dad signed. There's nothing mentioned in the will. It has been transferred to me (Da died 2.5 years ago).

She has a will but the solicitor that made her will isn't working any more but a new solicitor would see that the house wasn't mentioned on the previous will (just thought of that).

Like I said I have no intention of doing anything with the house while she's still alive (technically she doesn't actually live there - she lives next door with my mum but she goes to 'her' house when her and my mum have a fight!)

OP posts:
Syc4moreTrees · 14/07/2017 17:49

A solicitor isn't going to investigate anything, or see a copy of the old will or care. There's nothing to do. It's a non issue

DancingLedge · 14/07/2017 17:56

Smile and nod, or try and correct her. Those seem to be the main choices of how you respond to her. Whichever seems useful.

If the house is registered to you, it won't make any difference if she makes a will leaving it to Dd, or to the King of Siam. That part of her will is just her fantasy.

Maybe idea to double check that the Land Registry has you as the owner? Online, £3..If this is in order, the whole thing is a complete non-issue.

EssentialHummus · 14/07/2017 18:00

As PP said, just check the Land Reg now and speak to a solicitor if you need to, so there isn't a scrabble around when she passes.

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