Will/trust changed after death

[AnonymousA1]

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 ?

So who owned what house? And did her will actually state the address of both of the properties? It may well have been that she put in her will that the house was to go to you, but if she didnt actually own the house then that part of the will fails.
What does the will actually say about the properties?

The way I am reading it, there are two properties.

The one the stepfather is currently living in was solely owned by the mother, who has left it to her daughter in her will, but with her husband having life interest in it.

The second property was owned by both the mother and stepfather as tenants in common. The mother had left her half to her daughter in her will, but the stepfather had it changed to make him the sole owner of that property which he has since sold.

It's really bizarre that a solicitor did that. Was it definitely "tenants in common" and not "joint tenants"? Who handled your mother's estate after her death?

For some reason or another your step father thinks that the property he lives in solely belongs to him. Why does he think this?

@Soontobe60 this isn’t the case. He has a life interest in the one he is living in nowz which I was left solely. It was paid off before he met my mum. The other house was left half to him (his half) and half to me (mums half) the solicotor agreed to change this on his request after my mums death :/

@BadNomad the solicitor and my step family who were trustees dealt with it all.

@SueVineer the place he lives in now with a life interest is mine he accepts that. It was paid off before he met mum.
the house he sold was his and mums and mums wishes were her half went to me. Not being grabby that was her wishes on paper and verbally.
after her death the solicitor changed it on my step dads requests. He kept all the profit.

It sounds like they have stolen your half of the money. I'm sorry to say that even though you can't afford a solicitor you need to get one. Otherwise you will never get what is owed to you. The solicitor should be sued for what they have done and your SF sued for the money they owe you.

Best of luck OP. You don't sound grabby, they are.

You keep referring to them as trustees rather than executors.

Was the house put in a trust, with you as a beneficiary of the trust?

@TimesRwo yes they were trustees. I was the beneficiary sorry I’m just really tired and it’s a lot to process :)

@Jesusmaryjosephandtheweedon thank you. I was really worried I would come across grabby and entitled. I’m really not that person xxx

If the solicitor you think made amendments is not a sole trader I would contact the managing partner with all the info you have and see what they have to say. They should have professional indemnity insurance which might cover the recovery of the money/cost to recover.

Did you get any legal advice on this in the end?

They expected you never to find out. Find out all and do something.

For the other property you might want to create a property alert so if anyone tries to change the ownership or register an interest you are notified.

@Jesusmaryjosephandtheweedon
yes , I spoke to a solicitor for a free half and hour and he said they have all broken the terms of the trust.
i have done a formal complaint to the solicitor and have to give them time to reply and if not escalate to the legal ombudsman and solicitors regulatory authority. Il keep you posted x

@OhcantthInkofaname
i think your right!

@Unexpecteddrivinginstructor thank you so much for this x

I'm so glad you are getting the right advice and I hope you get what is rightfully yours.

Little update …
it went to the ombudsman because the solicitor didn’t reply.
the ombudsman has said solicitor followed executors orders so won’t persue complaint about him and basically I have a court battle on my hands.
a word of warning to anyone leaving a trust .. money changes people and PLEASE be careful who you leave as the executor x

@AnonymousA1 who is the executor? Your stepdad?

This is a very strange story and I have past experience of working with wills and private; an executor cannot just cut a beneficiary out like that. If you go to court you’ll win.

If the executor has gone against what was said in the will they are personally liable for what they've stolen.

If you go to court you will win.

Take them to the bloody cleaners OP!

@Tetchypants yes he is :/

@GrannyAchingsShepherdsHut thank you for being supportive xxx

Maybe a no win no fee solicitor will take on your case op? Half of something is better than the current all of nothing. And that man needs taking to hand. Or taking to court... What an utter pig.

We are altering a will. My husband is executor but we need the permission of all the other beneficiaries to do this. The executor cannot do this alone. (Scotland but I'm sure same in England) we are doing deed of variation