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Legal matters

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Abusive father robbing me of inheritance from grandfather

19 replies

AngelinaDelight · 31/07/2017 13:27

This is a last-ditch attempt to ask if anyone on here can help me stop being “robbed of my inheritance”. Those are someone else’s words, because this relates to the inheritance from my beloved late grandfather and I feel grateful for his gift to me, whatever it ends up being “worth”. However, I also feel the situation is very unfair and if there were anything legal I could do to change it, I would. I was severely abused my father throughout childhood, within a paedophile ring in England. I reported this to the police and went through various processes seeking justice, but the outcome was that my father was not convicted (nor even as yet put on trial). My mother died in 2015 at a relatively young age of cancer and I was estranged from her as well as my father when she died. The one person who stood by me was my maternal grandfather, and, over the past ten years, I spent a bit of time with him and did all I could to help with his care even though I now live abroad. At the end of last year, my grandfather died, and left, in his Will, half of everything he owned to me and half to my sister. My father, i.e. the son-in-law, then claimed he owned half of my grandfather’s house and therefore what would pass to me would be one quarter. I should add that my grandfather’s house was a 1940s council house, not huge, but in a lovely spot and full of very happy memories for me in my otherwise very difficult childhood. It was a blessing that my DCs could get to know their great-grandfather. I did engage lawyers at this point to dispute what my father was saying. My grandfather had told me very soon after my mother’s death (a matter of weeks) that my father had gone into the house seeking to make radical changes and saying he now owned half. My grandfather had obviously tried to stand up for himself as he told me he had said to my grandfather: “Well, you won’t throw me out”. After that, there were various attempts by my father to try to get grandfather into a home with him telling the neighbours, for example, not to visit to help him daily as they did “so that social services gets the true picture”. Thankfully my grandfather held on to his home and only spent a few weeks in hospital before the end, his mind was sharp too. I understood my grandfather had sought legal advice upon my father’s threats and had thought that my father did not own half, but that part is unclear, and what the records show is that, apparently very shortly before her death, my mother passed her half in her Will to my father with no conditions attached. My grandfather had been a very fair man, and had owned half and his wife had owned half, it was upon her death that my mother had inherited the half-share in the house. From a legal point of view, it does seem that the register is clear and my mum’s title passed to my father upon her death. There are two issues I am not sure of: my mother in her Will did not refer to the house at all. She left a money amount (quite small, but significant) to me and the same to my sister, for which I was very grateful as we hadn’t been able to reconcile in life due to her denial of the abuse and sticking with my father. I always believe she was too afraid for her life to oppose herself to my father and she had tried to kill herself on several occasions in my childhood, I think cancer ended up being her way out, though of course others die of cancer without those circumstances. I only had one conversation with her over the past 16 years since the estrangement, and that was a few months’ only before her terminal diagnosis to let her know I forgave her everything and was happy now with children of my own, though I didn’t want any relationship with her. I don’t know if my mother was aware she owned half the house as the change to the land register formally notified was after her death, presumably by my father. Would it make a legal difference if she didn’t know what she owned that she didn’t leave part of the house to me or my sister? Secondly, my father is an intensely controlling man as abusers are. I don’t doubt there could have been coercion involved in terms of my mother writing her Will giving her share of the house to him, as it had been an unspoken rule in the family for years and years that the house would pass to me and my sister on death of grandparents or mother. I heard there was a new law about coercion in terms of financial control and I wonder if I could use it somehow. I feel so angry because, in material goods alone, the man who abused me so badly (my father) is so well-off whereas I have always struggled financially, largely due to mental health problems, and I know my grandfather had said explicitly that he didn’t intend my father to have anything – he told me this, calling my father “mercenary”. Nonetheless, he made my father Executor of his Will but I think he did this because he knew my father would interfere whoever was Executor (and the alternatives would have been me or my younger sister). Thanks for any help, it is a sad situation.

OP posts:
AngelinaDelight · 31/07/2017 13:29

*My grandfather had obviously tried to stand up for himself as he told me he had said to my father: “Well, you won’t throw me out”.

OP posts:
RedHelenB · 31/07/2017 13:32

I can't see any loopholes really. Best would have been for you to be executor but it's done now. We're your mum and dad married when she died?

MorrisZapp · 31/07/2017 13:34

It's desperately sad and I feel for you, but I can't see any legal comeback here. I think your mother and grandfather's wishes are assumed to be the ones they signed to.

ImperialBlether · 31/07/2017 13:34

So your mum died in 2015. She left you some money and the rest to her husband, your dad.

Then a year later your grandfather died. He left the house split between you and your sister, with your dad as executor.

Is that right?

AngelinaDelight · 31/07/2017 13:39

Yes, my mum died in 2015 and left around 5% to me and 5% to my sister, rest to my dad. Then a year later my grandfather died (he was old but partly broken heart as mum was his only daughter and died young). He said he didn't want to trouble me to be executor as I now live abroad and am a single parent of two small children, he put down my mum and then, when she died, my dad. They were still married when my mum died.
I think it's this new coercion law I am most interested in. I have a legal background myself but am no longer practising but a local charity advised me to look into the coercion aspect. There were injunctions against my father not allowing me to contact me, showing his coercive/threatening behaviour in the past.

OP posts:
AngelinaDelight · 31/07/2017 13:40

*allowing him to contact me (I mean)

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Efferlunt · 31/07/2017 13:54

It's not clear how your mum ended up with half the house that your grandfather lived in and that he wasn't sure if she owned it or not? That's very confusing. Not sure how documented behaviour towards you would allow you to build a case that he used coercion on his wife to be honest. Why did your grandfather make him the executor if he knew what he was like?

AngelinaDelight · 31/07/2017 14:17

I really need someone who knows how to use the new coercion laws. I have little doubt there was coercion, but as you say Efferlunt it's how you need to build a case that I don't know.

I think I explained above why grandfather made him executor - because he knew he would interfere anyway and wanted to spare me (the other potential executor) of being put in direct conflict with his interference (again) - and he didn't want to trouble me given I now live abroad. He was of the old generation where family matters were private and I suggested he ask a friend or someone else to be executor but he didn't want to do that. He wanted my mum and she only died months before he did, my father took over all her "business" and along with that became executor. My grandfather had a fair view of my father - called him "mercenary" as noted above.

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Collaborate · 31/07/2017 14:18

Probably not confusing at all. GF must have been able to demonstrate he was entitled to all the house. Grandmother might have left her half share in her will to your mother, but without converting the joint ownership if the property to a tenancy in common, the will can have no effect on the property, which would have passed under the law of survivorship to your grandfather.

I suggest you instruct a solicitor to see if you can apply to the court to replace your father as executor given he appears to be acting contrary to his duty (ie to administer the estate in accordance with the terms of the will).

prh47bridge · 31/07/2017 14:32

The first question is how your grandparents owned their house - tenants in common or joint tenants. If they were joint tenants your grandmother's share of the house would automatically have passed to your grandfather when she died. It would not form part of her estate and therefore she could not leave it to your mother regardless of any provisions in her will. However, if they were tenants in common your grandmother could leave her share to your mother who, in turn, could leave it to your father.

The fact the house isn't specifically mentioned in your mother's will is not relevant. A will generally only mentions specific bequests then leaves the residue to one or more beneficiaries. The items making up the residue don't have to be mentioned in the will and are included even if the deceased was not aware that they owned these things.

It is possible to challenge a will due to undue influence (which includes coercion). This is not new. However, it is not clear that you have enough evidence to challenge on these grounds. If you want to pursue it you need to consult a solicitor who specialises in contested probate.

prh47bridge · 31/07/2017 14:34

Cross posted with Collaborate. Agree with his advice.

prh47bridge · 31/07/2017 14:35

I understood my grandfather had sought legal advice upon my father’s threats and had thought that my father did not own half

Also I'd missed that bit which strongly suggests your grandparents owned the property as joint tenants. If that is the case your father does not own any of the house at all.

AngelinaDelight · 31/07/2017 14:44

I already did instruct solicitors - they charged me nearly 1,000 for looking at the title and said my grandmother's Will did apply and my mother had owned half the house and that half had passed to my father on her death.

They would have charged more for looking into any other angles and I do not have that money.

Is there a simple test to know whether it was joint tenants? I tried to find out who had advised my grandfather, he said he found a lawyer via social services but with him dead and me having no access to his social services file it is nigh on impossible for me to find out. I rang one solicitor and they said there would be a conflict of interest and they couldn't act as acting for my father but that they STRONGLY suggested I seek independent legal advice. That got my hopes up but the sols I paid said the above.

I wish I understood this area of law.

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AngelinaDelight · 31/07/2017 14:46

I did mention in first post I had sought legal advice. I have to presume it's right which is why I wanted to explore the (last resort) of coercion law...but it seems now maybe there was a mistake in the solicitors' advice potentially?

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AngelinaDelight · 31/07/2017 14:47

I have to hop off for a while now so don't think rude if I don't reply. I will be back later to check messages. THANKS

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BritInUS1 · 31/07/2017 14:53

I think the wills will stand and you will get a quarter of the house.

If you want to pursue you are going to need to fine a lawyer and the fees

AngelinaDelight · 31/07/2017 14:55

before I go:

I've had another look at the title excerpt as sent to me. It has the wording "RESTRICTION: No disposition..." etc. but then says unless in accordance with my grandmother's Will. This note, changing the ownership from purely my grandfather having sole ownership, was entered after my mother's death i.e. early 2016. There was no prior mention of my grandmother's will in the Land Register so before that note was entered, presumably by my father, it would have looked to all intents and purposes like a simple joint tenants??

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AngelinaDelight · 31/07/2017 14:58

Would there not have been a prior notice either saying (a) my grandmother owned half or (b) upon grandmother's death that my mother owned half?? All there is is 1987 - grandfather owns everything and then 2016 (post mother's death, apparently note entered by father) - property can only be disposed of in accordance with deed of variation of grandmother's will (2006, which left my mum 'her' half)?????

I am prepared to pay for more legal advice if there's any way of taking this further, the solicitors I paid suggested there wasn't but the questions above remain so unresolved for me.

OP posts:
prh47bridge · 31/07/2017 15:43

If your grandfather was the sole owner of the property in 1987 there is no way your grandmother could have left anything to your mother.

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