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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Legal advice for a house left in a will

80 replies

HouseQuestion12345 · 04/08/2021 21:51

My partner and his brothers were left a property many years ago when their father passed away. The value of the property was split 4 ways between the 3 brothers and the fathers partner at the time. It was stipulated in the will that she could continue living at the property until she either
-remarried
-died
-ceased to be permanently reside at the property
-until she ceased to pay all the outgoing bills / keep the property in good repair.
This has always caused some tension- the brothers have families of their own and need the money from this property to be able to move on in life, it has also been very difficult for any of them to get closure from the death of their father knowing that she is living in what was the family childhood home.

If they were to seek legal advice regarding this, what type of solicitor/lawer would they need to talk to?
What are the chances of them being able to get this woman out of the property/buy her out etc?

I have been with my partner a long time and this has always caused him a lot of distress. It isn't just that they want the money (whilst that would be nice) , it's the closure that goes along with it. I think it has effected them all quite badly to know she is living it up in their childhood home whilst they have all struggled a lot financially over the years. They haven't had access to any of their dads possessions. Lots of childhood pictures are in the house and generally it seems there is a lot of bad feeling around it all. It seems it would be best if the house were sold and everyone were able to move on but I have no idea how they would achieve that.

Any advice is greatly appreciated.

OP posts:

Warmduscher · 04/08/2021 22:44

From what I understand the will was changed days before his death and once he passed she tried to cut them out further/stop them having cash that was also promised to them in the will which they finally got but had to fight for- it wasn't lots of money, just 2-3k each.

So are you saying that she tried to change her husband’s will so that they wouldn’t get the money that had been left to them in the will? How did she manage to do that?

Original poster

HouseQuestion12345 · 04/08/2021 22:45

Thank you for all the replies- I will point them in the right direction.

it's very to say they are vultures when looking in from the outside....but as I said there is a lot more to this that even I don't understand. Very high emotions/tensions surrounding it and I genuinely wanted to find out who they need to speak to to get the correct legal advice so they can move on once and for all.

OP posts:

Hekatestorch · 04/08/2021 22:45

To be fair, if they are the type to try and get her removed from the house, it's not surprising they have had problems.

She may not be elderly, but are you saying he married someone their age? It's been going on over a decade. I imagine she sustainably older than you dp?

SciFiScream · 04/08/2021 22:46

Going by what you've written the only way you can evict this person early is by hoping she hasn't maintained the property or kept up to date with the bills.

londonmummy1966 · 04/08/2021 22:52

as it stands it is no use to them

Their father didn't intend it to be until such time as his partner dies or otherwise leaves the house. They need to drop it.

LoveFall · 04/08/2021 22:53

There is very often high tensions and emotions around an estate, especially when there is a second partner who is not the children's parent.

I have experienced it first hand as a lawyer. Big feelings and emotions, including downright hostility. I have often felt really awful for the deceased. It can ruin relationships.

Unless there is a problem with the will that could void it, it is unlikely anything can be changed. The laws are different in different jurisdictions.

Can the brothers see their way to making peace with their stepmother to retrieve the sentimental items now? That would provide closure sooner on some things.

Otherwise thinking about the perceived injustice and the locked up money is not helping anyone.

CinderFuckingRe11a · 04/08/2021 22:53

Private client solicitor will happily charge them £350+VAT/hr to tell them that a life interest left in a Will many years ago is not going to be terminated or overturned now.

LoveFall · 04/08/2021 22:54

@CinderFuckingRe11a

Private client solicitor will happily charge them £350+VAT/hr to tell them that a life interest left in a Will many years ago is not going to be terminated or overturned now.

Exactly this.

Original poster

HouseQuestion12345 · 04/08/2021 22:54

I'm not really sure how old she is. I have seen her in passing. I think she is in her 50's.

I don't think they would ever go through with it.....like I said I think they just need to be set straight by someone who has some idea of the law not something they have read on google.

OP posts:

CoronaPeroni · 04/08/2021 22:55

Do you know what happens to her quarter when she dies? Does it revert to the brothers or is it hers to leave to whoever she wants? Bit tiresome if you will have to involve a 4th person when you come to sell it.

Geamhradh · 04/08/2021 22:56

It's a fairly common practice for someone to have that kind of clause in their will, that their spouse/partner stays in the house "for life" and then the house is subsequently split between any issue.

There may well be lots you don't know/understand about why adult children would like to turf the person their father loved enough to live with and leave his property to out of said property, and I'm sure they'll have plenty of reasons why....

I'd stay well clear of any involvement. Let the vultures circle, and I wish her a very (very) long and healthy life.

CinderFuckingRe11a · 04/08/2021 22:56

Also
‘My partner and his brothers were left a property many years ago when their father passed away. ‘
They absolutely were not. They were left a remainder interest in the capital at some point in the future.

Original poster

HouseQuestion12345 · 04/08/2021 22:59

@CinderFuckingRe11a

Also ‘My partner and his brothers were left a property many years ago when their father passed away. ‘ They absolutely were not. They were left a remainder interest in the capital at some point in the future.

Again......I have no idea of the law/technicalities hence posting on here.

I am just trying to get some information to put this to bed once and for all.

OP posts:

budgun · 04/08/2021 23:01

I am just trying to get some information to put this to bed once and for all.

They are unlikely to tuck it in and wish it goodnight though, are they? It's been ongoing for many years. I can't see a mumsnet post making the slightest bit of difference.

GintyMcGinty · 04/08/2021 23:03

How grasping and awful these men are.

Wanting to evict a woman from her home, for money in their pockets - against the wishes of their deceased father.

ScrumptiousBears · 04/08/2021 23:04

My dad did this. His new wife lives in the house now and has given up work and is living her best life. In a house he had since he was early 20s. He'd known her 10 years when he died. I just try to forget it's there really. I have checked the land registry and there is a charge on it in our favour so that's something.

beigebrownblue · 04/08/2021 23:09

I would get hold of a copy of the will and read it for yourself.

there is a government website find a will where you can get a will for one pound fifty.

I would go with those who say that since there are potentially four ways of interest in the property that it is likely it would be a logistical nightmare to entangle anyway.

And that someone said solicitor wouldn't touch it.

After all once it is splt four ways there is hardly any left after solicitors fees and not worthe the grief i imagine. Unless you are a solicitor yourself and know about conveyancing.

beigebrownblue · 04/08/2021 23:10

@ScrumptiousBears

Unravelling the charge is quite complicated and expensive believe me.

Original poster

HouseQuestion12345 · 04/08/2021 23:10

@budgun

I am just trying to get some information to put this to bed once and for all.

They are unlikely to tuck it in and wish it goodnight though, are they? It's been ongoing for many years. I can't see a mumsnet post making the slightest bit of difference.

no but if they speak to the appropriate legal person it might. That was my intention.

OP posts:

saraclara · 04/08/2021 23:12

That at least explains why they're struggling with this, years on. I think if we put our minds to it, we can all imagine just how hard that might be, not being able to retrieve our own things from our family home.

I suspect they need counselling rather than a lawyer.

dane8 · 04/08/2021 23:17

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

ClaryFairchild · 04/08/2021 23:17

Actually, by the terms of the will they have a right to have the property inspected to make sure it is being maintained, so they could certainly seek advice about that.

SwedishEdith · 04/08/2021 23:24

What did he die from and how long had they been together? Because she may well have wanted the will changed if it had never been updated to include her. Not unreasonable, really.

But "closure" is bollocks.

LemonFantaGin · 04/08/2021 23:26

Can someone move in there?

Being that they own part of it, she is still living there?

OliviaNewtAndJohn · 04/08/2021 23:26

Have they at any stage considered offering to buy her share out, that would enable her to buy something smaller to call her own?

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