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Will vs promissory note

4 replies

Nowyouhaveitnowyoudont · 27/03/2020 11:45

My step dad died a couple of months ago and his will left family home to me and my siblings. It was my mums house, she left it to him for his lifetime and then to us and his daughter on his death. His will surprised me that he'd left his daughter out of the entitlement to that part of my mums house tho he did stipulate a sum of money for her and that she would get his own house (separate entity.)

However, found out today that he created a promissory note a whileback which actually gives his daughter two thirds of my mums house and me and siblings the left overs Sad

Which trumps, will or promissory?

OP posts:
prh47bridge · 27/03/2020 12:49

If your mother gave him a life interest in the house with it then passing to her children and his daughter, his will and the promissory note are irrelevant. The house is not his to give. It is not part of his estate.

Nowyouhaveitnowyoudont · 27/03/2020 15:07

Gah need to start again, got that totally wrong... brain not engaged . Im forgetting to differentiate between what people said they would be doing and what their wills actually said !! She actually left everything to step dad, the rest was a verbal thing not written (so meaningless therefore I realise.)

So my real question is simpler.....step dads will leaves house to me and siblings and other stuff to his daughter. But now we find out he put together a promissory a number of years ago that entitles her to a large share of the house and us share the rest.

So, does the will over rule the promissory or vice versa? I think I know the answer but thought l'd check.

OP posts:
AlwaysCheddar · 01/04/2020 16:24

Was the will dated after the note?

WAMS · 01/04/2020 18:28

Yes. And makes no reference to it.

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