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Named in will but have never seen it

22 replies

richierichardsaunt · 10/12/2018 07:02

As title really.

Person passed three years ago.
House has apparently been left to spouse for their life time use but ultimately to me.

I've asked to see will but nothing.
Tried getting a copy after probate but it's not on gov website.

(They've had executor issues)

Am I responsible for anything (repairs etc)?
Am I a landlord?
Can I insist on a copy?

OP posts:
Collaborate · 10/12/2018 07:44

If the estate has not gone through probate you need to see a solicitor and try and get hold of the will, unless your interest in the property has been protected by registration at the Land Registry. You can check title on the HMLR website for £3.

richierichardsaunt · 10/12/2018 09:39

The Will has not been lodged with a solicitor though, its was written by a legal secretary when relative was in hospice on death bed (passed a week later).

My main concern is about being responsible for a house that I have no access to.
Do I need building insurance on it?
It's currently empty as the spouse is away for long term and if water main bursts in this time, is it my issue?

OP posts:
Collaborate · 10/12/2018 09:50

What does the land registry say? Who has the will?

richierichardsaunt · 10/12/2018 09:59

Land registry still in deceased name.
Will is with executor and spouse.

They won't give me a copy and as it's not gone through probate it's not on .gov website.

I was told "house is for spouses use but they have no claim until they have no use for it, then it must be passed to me"

OP posts:
Collaborate · 10/12/2018 11:33

Arrange to see a solicitor about it.

Unicornandbows · 10/12/2018 11:37

I'd see à solicitor

richierichardsaunt · 10/12/2018 11:43

Thanks everyone.

I'll have to see someone for advice, it's hard because spouse has issues with mental health so I don't really want to hassle her.
If I could be sure I wasn't responsible for the house then I'd probably leave it!
The spouse is18 years younger than me and could easily outlive me!

OP posts:
cheesywotnots · 10/12/2018 14:27

Do you know who the Executor is or which solicitors they used, someone must be maintaining the house, I thought council tax would be getting paid on it by someone.

richierichardsaunt · 10/12/2018 15:48

Executor is spouses friend (well, ex friend they fell out badly) and she's stepped away from everything.

Spouse pays council tax.

OP posts:
StormTreader · 10/12/2018 15:52

"until they have no use for it,"

This seems like really weird wording, I think I'd be getting a solicitor on it as well. You currently have no idea what the will actually says, only what people with a vested interest have TOLD you it says which might be very different.

cheesywotnots · 10/12/2018 17:49

Doesnt the executor have a duty to sort out the Will, the house and probate unless they legally decide they don't want to, wouldn't that have to done with a solicitor, their copy of the Will must be somewhere.

richierichardsaunt · 11/12/2018 08:30

The executor has apparently claimed a conflict of interest and has stepped away and won't discuss it.
I really don't want to push the spouse as she is quite fragile due to mental health.
If I could guarantee that I'm not responsible if anything happens to the house then I'd not worry.
I just don't want to find out that I'm a landlord.

OP posts:
StormTreader · 11/12/2018 09:35

They cant just say "nope, not doing it" and wander off though, can they? Arent they legally obligated to sort it? Otherwise any executor thats friends with someone squatting in the house could say "well I'm not doing it" and they'd get to stay there for free forever?

SassitudeandSparkle · 11/12/2018 09:41

An executor can refuse to act, they have to resign and then another executor will be appointed - normally I think people are advised to appointment more than one executor in case this happens so the second one can do it or appoint someone else.

So it's getting someone else appointed to do the job that seems to be the issue here.

Collaborate · 11/12/2018 12:11

You need to find out who is holding the will and then step forward as executor yourself.

BubblesBuddy · 12/12/2018 11:00

I think you may well be responsible for the upkeep of the house. You need to see a solicitor who is an expert in wills and trusts. You may well be a trustee and the widow is a beneficiary. You then have legal duties and she has rights. Any fine details might have been set out in the will. However see a solicitor urgently.

Racecardriver · 12/12/2018 11:13

What is mostly likely the case is that you have legal ownership of the property asa trustee and the spouse has beneficial ownership. However there are a lot of formalities surrounding land ownership and creating interests in land. Although these can be circumvented if the will was made in the expectation of death. Usually in this instances the beneficiary is granted a life interest (which is 90 years). The phrasing of the will here would make all the difference here. I’m not sure there is sufficient certainty to create a valid trust for land. The wording of the will itself may be such as not to create a trust as well. For example, if the will said ‘I leave my property to OP who is to allow my spouse to live in it with exclusive ownership until etc’ that is more likely to form a trust than ‘I leave my property to OP and would like it if OP allowed spouse to live in it so long as they needed to.’ If a trust has been created and you are the trustee and the spouse the beneficiary then the nature of your fiduciary duties should be outlined in the trust document. It really is essential that you speak to a solicitor. This can be a very complex area of law and you have no way of k owing what rights or obligations you have without having the document in front of you.

richierichardsaunt · 12/12/2018 11:22

Thanks everyone.
I'm going to put my nice face on and just ask if I can have a copy so I can check for tax reasons, insurance, loans etc and then take it to a solicitor.
The executor is saying she hasn't got a copy anymore.
The spouse is very delicate and I really don't want to have to resort to a legal process to push her (no matter how much I want to).

OP posts:
BubblesBuddy · 15/12/2018 17:50

The Executor must have a copy? Who would destroy it? Ask who gave it to them? Ask about probate and who is dealing with it.

The widow needs help in this matter too. She needs to know where she stands if you own the property! Or is it going to crumble around her? Therefore you really need to get to the bottom of this and bite the bullet.

Lucisky · 18/12/2018 15:27

Are you sure there is actually a will, op?

CornishMaid1 · 19/12/2018 13:50

First thing, you need to see the Will. If the property was in the husband's sole name then chances are it is going through probate as that will end up being needed.

If it is not on the gov.uk website give the probate registry a ring and see if they can check in case it is missing by accident. If not, check with the person who was the Executor and ask where she got her copy from. If a legal secretary made it, then there is a chance if they don't have the original at home that the secretary took it back to their office and that firm has it.

Without seeing it, it is just a best guess, but I expect that the Will has left the property in trust with a life interest to the spouse and then to you on her death.

That would mean that until the spouse dies, the property is the responsibility of the Executors/spouse. If the Executor has decided not to be the Executor, someone will end up getting appointed so you need to find out who is doing it (has she left it with a solicitor?).

The Will will say who has the responsibility for maintenance, but it is unlikely to be you. The Will is likely to either give the life interest to the spouse on the basis that she pays all outgoings and maintains the property or the Will will provide for the Executors to insure and maintain the property from the estate (so out of the deceased's other money). The first tends to me more common, but unless you are the Executor you are unlikely to have any responsibility until the spouse dies.

Unless you have been appointed as an Executor/Trustee you are what is known as a 'remainderman', so you get the remainder once the life tenant dies and although you will get something eventually, you do not have any interest or a liability at this point.

As far as the household bills and Council tax are concerned, they will be down to the spouse as the occupier. If the property were empty, they would be the responsbility of the estate. Buildings insurance could be either the estate or the spouse depending on what the Will says.

Hope that helps.

richierichardsaunt · 20/12/2018 22:00

@CornishMaid1 thank you for your reply.

That's pretty much what the solicitor I saw said.

Spouse is 18 years younger than me, so doubt I'll outlive her!
I'm playing nice trying to get a copy but I'll give it until new year then send solicitor letter.

It's weird because I don't want house, I just want to know what's been written!!

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