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Original poster

Inheritance nightmare - charge against the house

152 replies

DoneOver · 19/06/2020 16:05

My step dad has died. His will leaves me and my siblings my mum's house. (She died first, house nothing to do with him.) However we have now found out that a while back he put a charge against it which gives most of the house value to his own daughter. (not my mums child.) Clearly mum stuffed up by dying before she wrote her will. But its very unfair, is there any legal redress at all?

OP posts:
SeasonFinale · 19/06/2020 16:10

No unfortunately not. It became his house after your mother died and was his to do what he wanted with.

WowLucky · 19/06/2020 16:13

So your mum died without a will so her estate went to her DH? It's then his to do with as he sees fit, he didn't need to leave you anything. As he owned the house there was no need for the charge to be registered in order to provide for his daughter. What's the date of the charge, are you sure that wasn't done while your mum was alive?

TorysSuckRevokeArticle50 · 19/06/2020 16:13

Nope that's what happened to us, mum died leaving everything to dad, dad died leaving everything to step mum who has her own child, step mum is now remarried to someone who has their own children.

Wills are important, and unfortunately often overlooked.

WowLucky · 19/06/2020 16:14

I mean providing for his daughter could be what your mum wanted regardless of who died first.

HollowTalk · 19/06/2020 16:14

Bloody hell, your poor mum trusted him and he betrayed that trust.

WhatWouldDominicDo · 19/06/2020 16:15

Why did he put a charge on the house that's different from what it says in his will?

This kind of thing is common in second marriages - if you're not careful, family belongings can go to a family that has no sentimental attachment to them, and family money can go out of the family.

HollowTalk · 19/06/2020 16:16

They were married, OP?

WowLucky · 19/06/2020 16:19

A charge would usually indicate a loan had been made against the property, so it could be that daughter is owed this money. As I said, if it was just so she would benefit in the event of his death, there be no need to register the charge, he can leave it to whom ever he wishes.

WhatWouldDominicDo · 19/06/2020 16:24

I hadn't thought about his daughter being owed the money.

OP - how much is the charge for? Is it for the whole value of the house? You said his will left the house to you and your siblings.

What does his daughter say?

user1486915549 · 19/06/2020 16:41

I don’t understand why there is a charge against the house
Have you asked your solicitor?

Viviennemary · 19/06/2020 16:48

Seems like a charge is made against a house in order to repay a loan. He could have just left the whole house to his daughter if he wanted if your Mum left the house to him. What were you expecting? You need to get some clarification as to what is going on.

lunar1 · 19/06/2020 16:53

Who owned the house, you said the house was nothing to do with him.

Was it legally his, or did he just have a right to live in it.

How much is the charge for compared to the value?

GrandAltogetherSo · 19/06/2020 17:01

Sounds like you were lucky that he left the house to you and your siblings. I think you should be grateful to him for that.

As others have said, if your mum didn’t set up a trust, then he probably automatically inherited the house on her death, assuming they were married and living in England.
All totally normal and legal.

Assuming he then owned the property outright, he could have chosen to leave it to his daughter and not his step children. Sounds like he was trying to be fair to everyone?

Wills properly executed are public documents so it’s easy enough to check if your mum wrote a will and what her wishes stipulated.

Original poster
DoneOver · 19/06/2020 17:36

Sorry, need to clarify, mum did have a will, should say she died before she re-wrote it. It left step dad the house to use in his lifetime, then it was to be split equally between my siblings and his daughter. However his will has trumped that, I assume her will was not very water tight?

Do you know what, its just occured to me what hes done and why . I've just checked dates and he set up the charge not long after mum died . My guess is that he did that in case we disputed mums will (you have a 6 month window to do so.) Shit bag.

So no, his daughter wasnt owed anything and if she was, he could have put a charge against his own house! Me and my siblings will get very little, the charge is about 80% of the value of the house.

OP posts:
WowLucky · 19/06/2020 17:43

That still doesn't make sense. If he only had a lifetime interest he didn't own it and wouldn't have the right to register a charge to anyone.

Rainycloudyday · 19/06/2020 17:45

I don’t understand how he got to make a will that bequeathed a house that he didn’t own...?

calmcoolandcollected · 19/06/2020 17:51

I agree with @Rainycloudyday. If your mother had a Will leaving your stepfather a life interest in the home, with it going to you after his death, that is what governs, not his Will. Also, if the has a life interest, I'm uncertain as to whether he could place a charge on the home. Even if he could, I would challenge it, suggesting it was an attempt to circumvent your mother's intention.

In your shoes, I would seek legal advice on this.

GeorgiaGirl52 · 19/06/2020 17:52

You need a legal opinion. Where I am, a life interest in a property does NOT give the person rights to take out a loan against the property or to use it as collateral. Certainly does not give they the right to dispose of the property or any furnishings. It is more like living rent free for a lifetime.

AJPTaylor · 19/06/2020 17:57

Get to a solicitor now.

Jumblebumblemess · 19/06/2020 17:59

My mum was left my grandads home when he died. His wife has a life interest that she can live in it until she dies, remarries or moves in with someone (it is worded that a partner can not move into that house). With this the property is now in my mums name, not grandads wife. If the will was worded as a life interest you need to take legal action asap. This property should never of been put in your stepdads name.

Viviennemary · 19/06/2020 18:04

Your step father's will couldn't have made your mum's will invalid if she specified only a lifetime interest for your step father. I agree you need legal advice.

TowelHoarder · 19/06/2020 18:05

You need to speak to a solicitor and get a copy of your mums Will and grant of probate from the court (£1.50 charge, you can do it online)

I’m not sure what you mean by your mum died before she rewrote her will? She can’t have written a will after she died.

GlamGiraffe · 19/06/2020 18:06

I also do not understand how he has managed to give a loan against something he didnt own. This does not sound right. I think you urgently need legal advice. He never owned the house only had the right to Live there. If you call a solicitor (preferably one with more of a speciality in the area) they should be able to tell you whether you have a reason to see them over the phone or of it will he a waste of your time.
You may also have inheritance tax issues associated depending on values which may complicate things.
Terrible situation to find yourself in.
Good luck
Good luck.

DwayneBenzie · 19/06/2020 18:06

Something isn’t right here OP. Can you give us any more info ?

GlamGiraffe · 19/06/2020 18:26

His will should not trump hers.
It was her house which passed to the children on her death. Your stepfather in effect was only a tennant who paid no rent. Tenants can obviously not use the party for charges. The will he invalid unless some some crucial information is missing.