What would happen to the house in this situation

RedHelenB · 14/11/2021 15:17

What did the will say?

TheFlis12345 · 14/11/2021 15:18

Who actually legally owns the house? Ownership must have transferred to someone after John and Mary passed away?

Original poster

HomeNAway · 14/11/2021 15:19

@TheFlis12345
I have no idea. Wouldn't the house be passed on jointly to the two brothers? Isnt that what parents do normally (or not)?

OP posts:

SavoyCabbage · 14/11/2021 15:24

[quote HomeNAway]@TheFlis12345
I have no idea. Wouldn't the house be passed on jointly to the two brothers? Isnt that what parents do normally (or not)?[/quote]
It would if whichever parent died second left it to both brothers or if there was no will. But not if the parent who died second left the house to Mark. Then it would be Mark's house and he could sell it and or leave it to whoever he likes.

Did the parents have care when they were older?

jiggeryjaggerywoo · 14/11/2021 15:24

Who did the parents pass it on to in their will?

Original poster

HomeNAway · 14/11/2021 15:27

@SavoyCabbage
Actually you've made me realise I wrote down a really important detail inaccurately. In fact Tom passed away before Mary, his mother.

OP posts:

GreyhoundG1rl · 14/11/2021 15:30

[quote HomeNAway]@SavoyCabbage
Actually you've made me realise I wrote down a really important detail inaccurately. In fact Tom passed away before Mary, his mother.[/quote]
Is it certain Mary didn't leave a will? In the absence of a will, the grandchildren would definitely inherit.

CrotchetyQuaver · 14/11/2021 15:31

Depends on the wording in the will. If it doesn't say that a pre-deceased child's share is to be passed to their child(ren) then the surviving child of the deceased will cop the lot.

starfishmummy · 14/11/2021 15:33

[quote HomeNAway]@TheFlis12345
I have no idea. Wouldn't the house be passed on jointly to the two brothers? Isnt that what parents do normally (or not)?[/quote]
You can't assume that. There could be all sorts of scenarios in the will! And even if it did go to the two brothers it would depend on whether they were joint owners or owned it as tenants in common

insancerre · 14/11/2021 15:36

If Tom died before his mum then when his dad died the house would pass to the next of kin, who would be mark
Assuming no will to say otherwise
I don’t think toms daughter would have any claim
When mark dies it will go to his son

Original poster

HomeNAway · 14/11/2021 15:40

Mary will definitely have left a will, I have no idea of the contents. Mark was clearly her favourite child.

OP posts:

VanCleefArpels · 14/11/2021 15:41

Assuming John and Mary die together and neither have a Will

The law of intestacy that the children inherit and if one of the children has pre deceased them then their child (ie grandchild) will get what would have been their parent’s share

Wigeon · 14/11/2021 15:41

Isn’t it crucial whether there was a will or not? If there’s a will, then that will state what will happen, which could be anything. If no will, then you need to know who owns the house.

freshcarnation · 14/11/2021 15:42

Go on you gov probate and buy a copy of the will

VanCleefArpels · 14/11/2021 15:43

If there is a valid Will then all bets are off - it could all go to the cats home if that’s what they wanted. Family members can only dispute being left out of a Will if a court agrees there was a reasonable expectation of being financially provided for and this is spectacularly difficult to prove

CreepySpider · 14/11/2021 15:45

It will all depend on the wills for everyone concerned who has ownership of the house. The parents may not have left it to either child, let alone both (or Tom’s daughter due to his death).

politics4me · 14/11/2021 15:49

As above Wills are public documents. You are allowed to have a copy without giving a reason. I think I paid £7 for one.
It will also show who the trustee was and the administration of the estate.

Bimblybomeyelash · 14/11/2021 15:49

On the information that is here I’m assuming that Tom’s child is hopeful that she will inherit a share. But it seems unlikely. I imagine that when Mary died her share passed to her husband and when he died the house passed to their surviving son. That would be a perfectly ‘normal’ situation. It would be more unusual for Toms child to inherit from an Uncle she is clearly not close to. If there was an inheritance for Toms child surely it would have been at the point at which her grandfather died?

HeronLanyon · 14/11/2021 15:52

Check the will and who the executor was also.
I can imagine all sorts of scenarios the most important for all to understand is that if mark inherited in full after the death of Tom and both of their parents then the proceeds of sale of the house on his death will be his to do with as he wishes. There may of course be a will (from Mary) with trusts or arrangements for mark during his lifetime use of the house and proceeds on sale but there may not be.
If you are Toms daughter then that will be important to understand as a possibility.

gogohm · 14/11/2021 15:56

In this scenario it all depends on the second parents will, if not it should go to next of kin, probate should ascertain this and where one child has predeceased the parent it's not always clear that the children of the deceased child inherit if they do not come forward. A solicitor can lodge a claim if it is with merit

Original poster

HomeNAway · 14/11/2021 16:06

Thank you for your advice I realise it's a pretty impossible question to answer! I actually flipped the genders of the cousins in case anyone was casually reading the OP.

So Tom had a son, and I am the son's cousin and Mark's daughter.

My father (Mark) is an extremely difficult person. He didnt raise me and we have a relationship now but it is quite complex. He is not the type to have a will.

My cousin, Tom's son, I feel has had such a rough ride in life. Tom died in very traumatic circumstances. I was curious to know what is likely to happen to that house and if the house did come to me I guess I would sell it and give him half the money.

It is in Marks interests to stay in the house as he has nothing else to his name. But he is unpredictable and may well sell the house himself and put the money up his nose so I may not have to think about that 😉

OP posts:

JenniferAllisonPhillipaSue · 14/11/2021 16:38

There is no "what ifs" in these scenarios. Either people left wills, in which case it sets out who inherited what; or they didn't, in which case the laws of intestacy would apply.

RedHelenB · 14/11/2021 16:55

@HomeNAway

Thank you for your advice I realise it's a pretty impossible question to answer! I actually flipped the genders of the cousins in case anyone was casually reading the OP.

So Tom had a son, and I am the son's cousin and Mark's daughter.

My father (Mark) is an extremely difficult person. He didnt raise me and we have a relationship now but it is quite complex. He is not the type to have a will.

My cousin, Tom's son, I feel has had such a rough ride in life. Tom died in very traumatic circumstances. I was curious to know what is likely to happen to that house and if the house did come to me I guess I would sell it and give him half the money.

It is in Marks interests to stay in the house as he has nothing else to his name. But he is unpredictable and may well sell the house himself and put the money up his nose so I may not have to think about that 😉

That would be fwitest, I hope you do get the house and share the proceeds.

CreepySpider · 14/11/2021 17:41

@HomeNAway

Thank you for your advice I realise it's a pretty impossible question to answer! I actually flipped the genders of the cousins in case anyone was casually reading the OP.

So Tom had a son, and I am the son's cousin and Mark's daughter.

My father (Mark) is an extremely difficult person. He didnt raise me and we have a relationship now but it is quite complex. He is not the type to have a will.

My cousin, Tom's son, I feel has had such a rough ride in life. Tom died in very traumatic circumstances. I was curious to know what is likely to happen to that house and if the house did come to me I guess I would sell it and give him half the money.

It is in Marks interests to stay in the house as he has nothing else to his name. But he is unpredictable and may well sell the house himself and put the money up his nose so I may not have to think about that 😉

You will need to wait until Mark dies. It could be he was left the house on the proviso he could live there until he died and then it was split two ways but it’s possible it won’t be left to either you or your cousin.

Mandyjack · 14/11/2021 17:44

Nothing about a will is mentioned in the post. If it was left to Mark then if he dies it should go to his child. If it was also left to Tom And he died then his child should've got Tom's share