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Original poster

Will advice

37 replies

WillyWaver · 03/05/2020 15:36

Hi everyone I desperately hope someone out there can help me.

Some time ago, my father passed away. He left my sister property on the absolute condition I received money for a share of it, within a set time frame. Days before this time was up, she asked if I would take the property instead and I said yes. This was around two years ago. I have been waiting for the property to be signed over but never pushed the issue.

Now, she has said she has changed her mind and is keeping the property instead. She has not paid me the money bequeathed and the time frame has long since passed. Can anyone tell me if this makes any difference regarding who owns the estate now? My mother is still alive and lives in the property by herself.

She said she was genuinely confused about what to do...I am stressing that she planned all this so that she could keep the property and the money.

Please help.

OP posts:
AlwaysCheddar · 03/05/2020 15:45

See a solicitor. You haven’t lost your share but need it sorted formally.

Original poster
WillyWaver · 03/05/2020 15:48

I have emailed the solicitor and said I have some queries...the solicitor said years ago he would be in touch with me about my share but I haven't heard a thing. My sister is acting like she owns the property but she hasn't kept to the stipulations my father set out at all.

OP posts:
Soontobe60 · 03/05/2020 15:51

Who was the executor? They had a responsibility to ensure the terms of the will were carried out. If that's not happened, then the house still doesn't belong to your sister yet.

Original poster
WillyWaver · 03/05/2020 15:53

Thanks by the way for getting back to me. My sister was the executor.

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Soontobe60 · 03/05/2020 16:06

Sounds like she's pulling a fast one. Does your mother have the right to stay in the house, and if so, for how long? Is it possible that your dsis can't pay you the money until the house is sold and that as your dm lives there it can't actually be sold?

Original poster
WillyWaver · 03/05/2020 16:11

I have this horrible feeling she was playing me. My mother has the right to stay in the house and is firmly on my sister's side, saying what a difficult decision it was for her. I am just very suspicious of the timing. I also cannot see how she has rights over the property, any more than me, when she did not stick to the conditions as laid out. It was very clear she was to have the property only if the money was paid within a certain time. And I have not seen a penny of it.

OP posts:
Original poster
WillyWaver · 03/05/2020 16:12

Oh sorry soontobe...until her death.

OP posts:
TARSCOUT · 03/05/2020 16:14

I would suggest you speak with a.proper lawyer. They can still do business remotely.

Soontobe60 · 03/05/2020 16:18

Would you be prepared to take the value of the money you should have had as a percentage in the ownership of the property? So eg if it's worth £200k (at the point your DF died) and your DF specified you'd get £100k cash, you would get a half share in the property. The alternative would be for your dsis to take out a mortgage against the property for the amount she owes you.
I would get independent legal advice, get a copy of the will and any written info. In fact, send your dsis and email or text asking about it, so that youve got written evidence.

Original poster
WillyWaver · 03/05/2020 16:20

Yes, I have emailed and told him I will phone tomorrow. I feel very anxious about it all....it's been two years and had such plans for the place. I even stopped my building plans as I thought the property was coming to me. She was always adamant she didn't want it.

OP posts:
Original poster
WillyWaver · 03/05/2020 16:22

Soontobe, I will go along with whatever she decides but I feel very hurt and can't understand why she seems to be assuming the house is hers when she didn't stick to my father's stipulations.

OP posts:
Original poster
WillyWaver · 03/05/2020 16:23

I was left a much smaller share Soontobe...a fraction of what the property is worth.

OP posts:
Soontobe60 · 03/05/2020 18:10

Don't forget though, the money you're owed, that she's not giving you, would accrue interest as will the house until such point as your dm dies.

Original poster
WillyWaver · 03/05/2020 18:21

Mmmnnn yes, that's a thought. I would honestly love that house...I live in the area and rent. She doesn't want it (so she says) and has a beautiful home miles away. The will said very clearly she had a set time to pay it and she didn't do it...I know I will probably let it slide but I can't help believing she was manipulating me to buy more time to raise the money. Or even hoping if enough time passed, she wouldn't have to pay at all.

My whole family seems to have completely forgotten about the money she was to pay...everyone is behaving as if the property belongs to her. But I don't see how it can be in her name if she didn't fulfil the stipulations within the will. It's a mess...I feel so let down by her. Years spent thinking the property would be mine...for nothing.

OP posts:
Almahart · 03/05/2020 18:23

It's not for nothing, you need proper legal advice. She can't do this

Original poster
WillyWaver · 03/05/2020 18:32

I am so stuck - if I start anything legally she will never let me have the property and my mum would be so upset too. She just adores my sister. Mum still thinks though she will give it to me and it was her in-laws whispering in her ear that made her pull back. I am not convinced. My DH never liked her and thinks she is a narcissist.

OP posts:
Soontobe60 · 03/05/2020 21:22

Why did your DF leave her he house that your dm is living in? It all sounds a bit odd. Have you actually seen the will?

Original poster
WillyWaver · 03/05/2020 21:45

We always knew she was getting it...I have a separate property to inherit although that is years away. So I was to get one and my sister to get one. Mum has 'the day of it', so she will live there until she dies. I just wish my sister hadn't told me she would give it to me...but now she has taken it back, I will ask the solicitor about the money. I am just not sure I can get past this with my sister and go back to our relationship. It all feels so calculated and planned.

OP posts:
dontdisturbmenow · 04/05/2020 07:13

Was the money she was to give part of the estate or she was to find that money herself.

it's been two years and had such plans for the place. I even stopped my building plans as I thought the property was coming to me
I don't understand this. Would you have kicked your mum out to allow your family to move in?

Could it be that your sister couldn't come up with the money, so was going to let you have the house, on the condition your mum remains there, but then heard about your plans so changed her mind.

What I don't get is why your father didn't just leave the house to your mum.

Original poster
WillyWaver · 04/05/2020 07:22

I was going to build my own place. I have a site and was going to build, rather than just wait for the property I know I have inherited. I started the process but stopped when my sister said I could have the house.

It is just hugely frustrating. Mum always wanted me and my family to move in -but I hate not having my own place. I was planning to move in and do up mum's house when I thought it would be in my name. Now my sister says I can still move in until I inherit the other property, but the house is very dated and it would just feel as if I am still renting someone else's house and not able to make changes. I want my own home so much.

The will says that mum has the right to remain there until her death.

Thank you so much for replying everyone.

OP posts:
Original poster
WillyWaver · 04/05/2020 07:23

Oh - she was to find the money herself. She had a very set time frame in which to do this or else the property would revert to mum. But for some reason she is acting like she still owns it.

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Soontobe60 · 04/05/2020 07:42

This all sounds very confusing.
Your DF left his house to your dsis but your mum can live there until she dies. That's very common.
Your DF stated that your dsis had to give you cash within 2 years of his death. That's not so common and not actually legal! I'm pretty certain no solicitor would have written that into a will because there's no way to enforce it. All that could be written is that dsis gives you the money once the house is sold, i.e. Once your dm dies. In which case, you both have a share in the property.
My DFs will stated that X amount of money be given to each of his grandchildren then the remaining money be shared between his children. All good so far. But when he died, the funeral costs and the money to his grandchildren ate up all his money so me and my siblings got nothing.
As others have said, you need a solicitor to check the terms of the will.

Let us know what they say, I'm very curious!

prh47bridge · 04/05/2020 07:50

She had a very set time frame in which to do this or else the property would revert to mum

That is a crucial piece of information without which it was impossible to answer your original question. If that is what the will says, your sister, as executor, must pass ownership of the house to your mother unless there has been a deed of variation to change the terms of the will. If there is no deed of variation and she has taken ownership herself she has not administered the estate correctly.

You need to consult a solicitor who specialises in contentious probate.

Original poster
WillyWaver · 04/05/2020 07:52

I remember my sister was very annoyed years and years ago when dad told her, after he had written the will, that she would have to give me money. I think she felt I was getting another property and that it was unfair. The will definitely lays out this is an absolute condition of her getting the property, and she has failed to do it. I had no idea that was illegal!!Shock I will let you know what the solicitor says - thanks for all your help soontobe!,

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Original poster
WillyWaver · 04/05/2020 08:04

Prh I am 99% sure that never happened. Mum said she has heard nothing in about three years. She actually, the other evening when I phoned distraught to tell her what my sister had done, said by rights the house should be hers! It really feels like my family are just ignoring that stipulation and are behaving as if the house is my sister's and that is that. Even though no money has been paid.

OP posts:
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