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Original poster

Will/trust changed after death

75 replies

AnonymousA1 · 22/05/2023 21:30

I just found out my Step family changed my mums trust after she died meaning they got the whole house when mum left her share to us. We are named beneficiaries. I have this in writing from the solicitor who allowed it ?
I don’t have the money for a solicitor and they are fully aware of this. Is there anyone who can offer me any advice please ?

OP posts:
Original poster
AnonymousA1 · 22/05/2023 22:30

@YouDoYouHun no it was as tenants In common, it mentions this in the email x

OP posts:
Original poster
AnonymousA1 · 22/05/2023 22:31

@Christmascracker0 my step family :/

OP posts:
YouDoYouHun · 22/05/2023 22:31

If its tenants in common is there a life interest for the benefit of the surviving owner?

Original poster
AnonymousA1 · 22/05/2023 22:32

@YouDoYouHun not on the house that’s been sold. There is in another property

OP posts:
YouDoYouHun · 22/05/2023 22:34

AnonymousA1 · 22/05/2023 22:32

@YouDoYouHun not on the house that’s been sold. There is in another property

Has the other property replaced the house that's been sold that Mr X is now living in?

Minimalme · 22/05/2023 22:34

Did your Mum own the house jointly op?

If so, then even if her will leaves half to you, it would most likely be after the joint owners death, and only if his will also states you are a beneficiary.

Oaktree1233 · 22/05/2023 22:38

If there was a tenancy in common then survivorship does not come into it. The half share should have gone to the daughter. I would ask solicitors for an explanation. Who agree to the removal of restrictions on land registry and signed variation agreement.

Atishoos · 22/05/2023 22:39

Who is the other tenant in common? You mention her and "his" half, who is he?

On the face of it, the moiety (half) owned by mum should have gone to her child/children. I cannot understand how it didn't. Time to get independent legal advice now.

I'm thinking there is some clause or something else missing. Either way get legal advice asap. We are trying, but without all the information it is difficult.

Original poster
AnonymousA1 · 22/05/2023 22:40

@YouDoYouHun no. That is his until he dies he has a life interest in it x

OP posts:
YouDoYouHun · 22/05/2023 22:41

Survivorship doesn't but if Ops mum left a life interest in her share of the property to Mr X then depending on the wording of the life interest, the property could be sold and depending upon values, the trust could purchase the new property to release Mr X's own capital to him. If this is the case the money from Ops mum's share which is for her ultimate beneficiaries will need to be invested by the trustees.

Original poster
AnonymousA1 · 22/05/2023 22:41

@Minimalme no the solicitor allowed it to be changed from being to be left to me to go to him , after my mums death.

OP posts:
YouDoYouHun · 22/05/2023 22:42

AnonymousA1 · 22/05/2023 22:40

@YouDoYouHun no. That is his until he dies he has a life interest in it x

OK, so there are two properties. One which Mr X has a life interest in and another one which has been sold which you believe you should have been entitled to a share of the proceeds?

Original poster
AnonymousA1 · 22/05/2023 22:43

@Atishoos thank you I really appreciate everyone’s advice. I don’t have the money to seek proper legal advice yet however tonight someone has said they know someone who will do an hours free advice.

it’s so messed up I’ve been looking with my uncle thinking we have missed something but it seems we really haven’t?!

OP posts:
Atishoos · 22/05/2023 22:44

Who is the other tenant in common on both properties?

Original poster
AnonymousA1 · 22/05/2023 22:44

@YouDoYouHun it was left in the will to us and also I spoke to my mum and she said when I go you can use my half to get your extra bedroom so I know that’s what she intended x

OP posts:
Original poster
AnonymousA1 · 22/05/2023 22:46

@Atishoos on the house he has a life interest in I am the beneficiary so basically i own the house he lives in . He has no financial interest in it has never paid a penny it was already paid off before he came along

OP posts:
Atishoos · 22/05/2023 22:48

Is "he" a step brother?

YouDoYouHun · 22/05/2023 22:50

I've sent you a pm

Original poster
AnonymousA1 · 22/05/2023 22:51

@Atishoos no mums husband x

OP posts:
Atishoos · 22/05/2023 22:56

Ah I see, well this definitely requires more investigation. I hope it works out for you as I can hear the devastation in your posts.

There is probably more to it than can be solved here. However the poster @YouDoYouHun seems to have a good handle on things and may clarify further for you. It's getting late now and my brain is switching off!

Good luck with it all. And maybe keep us posted if you feel you want to. Issues like this are also an education for others.

redastherose · 22/05/2023 22:56

@AnonymousA1 obviously no one can give a definitive answer without seeing the documentation but from what you've said it sounds like your DM and Step Father owned the house as tenants in common. On your DM's death her half share of the property was left to you but with a life interest for your SF. That property has been sold but your SF has used the money from your DM's half share to purchase another property to live in and your life interest is now secured over that property. If that is the case it may not be that he or the solicitor have done anything wrong. If he has thee right too use those moneys to purchase another property to live in during his lifetime. If you have queries about this you should take legal advice but be prepared to find they're within their rights.

Original poster
AnonymousA1 · 22/05/2023 22:57

@Atishoos thank you so much. I don’t want to appear grabby or anything I’m really not. I just want it to be fair and what mum wanted xxx thank you again x

OP posts:
Original poster
AnonymousA1 · 22/05/2023 22:58

@YouDoYouHun it won’t let me reply to you ?

OP posts:
Original poster
AnonymousA1 · 22/05/2023 22:59

@redastherose hi thanks for your reply. That’s not how it was left he has a life time interest in another place. The house I’m talking about wasn’t left in anyway for him solely. The solicitor changed this after mums death x

OP posts:
Soontobe60 · 22/05/2023 23:20

AnonymousA1 · 22/05/2023 22:46

@Atishoos on the house he has a life interest in I am the beneficiary so basically i own the house he lives in . He has no financial interest in it has never paid a penny it was already paid off before he came along

from what you've written it sounds like they owned the house as tenants in common, and in the will the property is held in trust. This means that he has a life interest in her half of the house until he either dies or goes into long term care. In other words, he has a life interest. You don't own the house at all until he dies. It is possible that a will trust allows for the house to be sold and a new property bought with the proceeds, but the % share of the original house will still be held in the trust for the beneficiary of the 1st death.
You say the house has been sold. So where is he living now?

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