What happens if a house left in a will is sold before the person dies?

[Helloyou111]

My mother and step father owned a house (step father was the main owner and mother not on the deeds etc ) it was put in my step fathers will that when he died the property would be left to my mother and when she then died passed onto myself . However my mother passed away suddenly first which left my step father to sell the property , he went on to purchase another property and now he’s passed away . I don’t talk to any of his family but I’m unsure if his will would mean anything as obviously it was in the intention of the original property being left to me . my mother spent a lot of money and effort on the property that they had together so it’s a bit sad they she never had anything to leave to me or her grand children as I know that’s what she wanted . I mean there is a good chance he may have changed his will but just wondering if he didn’t would it still apply even if he sold that house and had bought a new house ? Thanks

I would assume the will would say the property, rather than specify a specific house?

It all depends how it was drafted and whether it referred to a specific property. Usually they don't if professionally done and only one main residence.

A will would not normally refer to a specific property, just "my property" (etc).

But his will could also not say what happened to any property after it was passed to your mother, she would have to do that herself.

He may have changed his will. If he did not, the fact your mother had already died, means the property could not pass to her so on that aspect he is treated as intestate even if there was a valid will. And any property would follow the intestacy rules.

There may have been a clause for if she pre deceased him - did you see the actual will or us this all hearsay?

Either way, I'm afraid it's not coming to you unless he changed the will to leave it directly to you. Which seems unlikely if you've not heard anything.

Haha I thought maybe as much ! I’m not really expecting anything it was more of a thought someone put in my head today ! No I haven’t seen the will , it was always said to me by my step father and how he wanted to look after me etc but soon as my mother died he sold the house , moved away and haven’t heard off him in two years and now he has passed away .

You can search for wills on www.gov.uk Whether you stand to inherit anything depends how his will was worded. If he only died recently probate might not have been granted yet.

All I can tell you for sure is... from experience, if you wonder, check.

A close friend assumed something about property and figured she didn't get anything, until at some point the relatives living in the house needed something and suddenly it comes out her and her siblings owned the property and had been living there rent free for 2+ years.

Do you remember which attorney they went to?

There is some incorrect advice on this thread. In particular, the post suggesting that the rules of intestacy may apply to the property even though there is a valid will is completely wrong.

If his will was written by a solicitor, it will almost certainly have avoided specifying a particular property, so it would apply to his property at the time of death.

There are two ways he could have left the property. Firstly, he could have left it to your mother with your mother's will leaving it to you on her death. If that is the case, his will may specify what happens to the property if she died before him. If it does not, the gift will fail, and the property will be part of his estate to be distributed to the residuary beneficiaries (i.e. those who get whatever is left of the estate after any specific gifts have been dealt with).

Alternatively, he could have left your mother a life interest in the property with it passing to you when she died. If that is the case, the property should now come directly to you unless the will specifies otherwise.

"... if he didn’t would it still apply even if he sold that house and had bought a new house ?"

If the actual address of the property is included in the will then, if it was written by a solicitor, then it will likely include wording to allow for any sale of the property and buying another one. For example, maybe something like this:

"...the property that I own at the date of my death and known as NN xxxx Road, Blanktown AB1 2CD but if such property does not form part of my Estate I give instead the property which I owned and last used as my principal residence before my death"

You will need to read the will to see what it actually says. If you do not have a copy and he passed away at least six months ago (so probate has been obtained) then you can view a copy of his will on the gov.uk website. It costs £1.50 to get a copy of the will:

https://www.gov.uk/search-will-probate

Anybody can do this for any will.

As prh47bridge said, what happens all depends on what the will actually says and also if he had later made a different will.

Have a read of the will and that will tell you who gets the house.