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Legal matters

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Family home left to children

11 replies

Juststopamoment · 14/06/2020 20:36

My parents divorced after 30 years of marriage. My father was a violent and nasty man and hit all of us including my mother. She kicked him out and stayed in the family home. It was a split in duties in the traditional sense that he earned the money and she looked after the house and children. When they divorced she was supposed to pay him £70k to ‘buy’ him out of the house but she never did. We’ve only just found this out. The executor (a Will company) is now asking her to pay this amount to the trust (which is us 3 children) and then she can keep the house. She is over 70 now and doesn’t have that sort of money. The house has been left in trust to us but she can live there for as long as she wants. We don’t want the house. We want her to be able to live there and we don’t want the money. Is there a way round this? Thanks.

OP posts:
autumnboys · 14/06/2020 20:39

I think you will need specialist advice for this, but i would hope it should be possible for the trustees to waive the payment. Otherwise, could the trustees agree a payment schedule maybe? £1 a year?

Juststopamoment · 14/06/2020 23:00

Thanks AutumnBoys. So you mean set up a token payment that will take a ridiculous amount of years to pay off so it then means they don’t pay it off?

OP posts:
Purplewithred · 14/06/2020 23:03

What Autumn said - you will need legal advice, but who are the trustees?

Juststopamoment · 15/06/2020 11:16

At the moment the Will company is dealing with everything and asking her for the money. They are still sorting out the probate almost 3 years later. I’m not sure who the trustees are. No one else is mentioned. We are receiving it all when it’s finally settled.

OP posts:
Hadalifeonce · 15/06/2020 12:59

I think I would be writing to the will company collectively and inform them that as you are the only trustees, you have no intention of claiming £70K from your elderly mother in payment of the house she currently lives in, and will stay in for the foreseeable future.
I have no legal training, but as a Lay person, this would be my first action. If I got no satisfaction, I would consult a solicitor.

AcrossthePond55 · 15/06/2020 13:22

As the legatees of the house, can you and your siblings absolve your mother of the debt?

By any chance is there outstanding debt that the estate must discharge and the money is needed for that?

I'd consult a lawyer.

GreenTulips · 15/06/2020 13:34

What happens if she doesn’t pay?

Also I would check the terms of the will/trust as they can take large sums of money from the estate.

Get legal advise ASAP

ChicCroissant · 15/06/2020 13:38

The 70k isn't anything to do with the will by the sound of it - it's money owed to the estate from the divorce which the executors are obliged to chase. Doing a variation of the will wouldn't remove the debt - I'd get some legal advice OP.

Collaborate · 15/06/2020 14:00

@ChicCroissant

The 70k isn't anything to do with the will by the sound of it - it's money owed to the estate from the divorce which the executors are obliged to chase. Doing a variation of the will wouldn't remove the debt - I'd get some legal advice OP.
If the ultimate beneficiaries are saying they don't want it then they are certainly not obliged to chase it (assuming all the class of beneficiaries are adults). In fact they are most likely obliged not to chase it.
GreenTulips · 15/06/2020 17:35

Just a thought but could your mother give ‘shares’ of some description to you each so you now own a % share of the current house value?

user1487194234 · 16/06/2020 06:04

Get some proper advice and check out charges of the Will company,some of them are eye watering expensive

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