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What would happen to the house in this situation

31 replies

HomeNAway · 14/11/2021 15:16

John and Mary have two sons, Mark (oldest, golden child) and Tom (youngest, bullied by family).
John and Mary pass away.
Mark moves into the family home.
Tom passes away.

Mark has a son, and Tom has left behind a daughter. Both cousins are adults.

What is likely to happen to the house when Mark passes away? Will it be passed over to the two cousins? This is in England.

I added order in family and a bit of the dynamics in case that is likely to alter anything in your experience as legal people!

OP posts:
HarrisonStickle · 14/11/2021 17:51

You need to find out if either Mary or John left a will.

Madcats · 14/11/2021 17:56

If you can remember the calendar years in which everybody dies, you can get hold of the English wills and probate here:
probatesearch.service.gov.uk/#wills

(if it is a recent death, probate probably won't have anything up there yet -I've been trying to get probate for 20 weeks now for a very simple case but they keep losing/deleting/failing to file emails and documents).

At least you can sort out the earlier transfers.

Also go to the Land Registry to establish who currently owns the property. It will cost you £3.

SeasonFinale · 14/11/2021 18:06

If you don't have a good relationship with Mark your Dad he may not even leave it to you.

I think it is nice that if he does you want tk share with your cousin which can be done by way of a variation

Northernlurker · 14/11/2021 19:10

Don't count your chickens before you have the key to the hen house. There are lots of things that could happen. Best to build a relationship with your cousin that is mutually supportive. Then whether you have property to share or not, you do have family.

veryouting2021 · 14/11/2021 19:17

In absence of a will with conditions that say otherwise then Mark inherits. Tom's child receives nothing. If Mark died without a will saying otherwise, his child inherits the whole thing.

But from what you say about mark it may not go to you either...

SavoyCabbage · 14/11/2021 19:18

Mark could live until he is 90.
He could leave the house in his will to a donkey sanctuary.
He could go into a care home and the house sold to pay the fees.
He could have five more children and you would only get a sixth of the house.

I,would just forget about this house.

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