My dads inheritance

[Babbyjones]

My dad has recently died and I am going through probate, in the will I am the beneficiary of his property
My dad left an undated and unsigned letter of wishes his partner can live in his house till she dies, however she already owns another property that her sons lives in rent free.
She has already benefited from his money in his joint account and been left a portion of his pension (around 40,000)
I want to sell his house, what am I entitled to do??

I think, in this situation, the will is the only legal document. But, if she lives in the house currently, you may have to go through a legal route to get her out of she refuses. I am not a legal professional, but have heard of other similar situations.

It depends a lot on the letter. But essentially you have a legal obligation to remove her from the property if you want to sell it.

It does sound as if the letter is not a contract. You would need to show it to a solicitor to know for sure.

Is she aware of the letter? What does she want to do?

If it is undated and unsigned, are you sure he wrote it? If it's in his handwriting then I guess you know, but if it's typed then maybe not...

Being unsigned is very strange - why would you write that important information out and not put your name to it?

What is your relationship with his partner like?

If the letter isn't signed then I can't see how it can hold any weight legally

If you believe it to be genuine and accurately reflect your Dad's wishes then you may feel a moral duty to go along with it but I would definitely seek legal advice

I believe there is something in inheritance law that she has been adequately catered for, we also have some evidence (txts) that he’d changed his mind and he wanted me to do as I wished with his house

She is under the impression as she has seen the letter she can live in the property rent free until she dies whilst her son lives in her property rent free
piss take pardon the language

Yes it’s his letter
just states she can live in the house on his death
the house is worth £500,000 so I am keen to sell

Go to see a solicitor and get advice.
i would give her 6 months notice to leave.
She has her own property.
You are not making her homeless.

Is she likely to have seen it?

She is incorrect. If the house is solely in your DFs name, then unless he specifically put the house into a trust in his will, she has no legal right to remain in it. An unsigned, undated letter means nothing.

You really need professional advice because you may have to evict her which will take time and cost money. Is there any IHT to pay on the estate?

As others have said, speak to a solicitor about this.

Unless she has some illness or disability then I think it very unlikely that she could successfully make a claim against the estate for more than what she has received given what you say about her situation.

Also, unless the actual will gave her an interest in possession and talked of her being the "Life Tenant" or similar then she has no rights to stay in the property

Is it handwritten?
If not then something nsigned and undated could have been printed off by her.

Go with the will. That's the signed legal document.
Get advice about any legal rights she may have if any.
I'd disregard the letter.

Are you the executor?

If you have access to a free legal helpline through your home insurance (most people do, but aren't always aware of it) please contact them.

I am also in a really difficult situation regarding a parents will, and my free helpline has helped me keep my sanity.

Speak to a solicitor who specialises in property litigation. As she already has a property (so no material impact to her lifestyle) and the letter isn’t dated or signed it won’t be enforceable but you need the solicitor to give you iron clad ways of kicking her out.

My DC was in a similar situation after her aunt passed away - as her step-uncle was very old (late 80s, dementia) she was advised to make him homeless when he required care. So she dropped him off and didn’t pick him up saying he was his son’s responsibility. The guy was an abusive bastard though so nobody cared. If your dad’s dp was nice to you you may want to give her more time to get out.

When my Dad died, it was in his Will that my Brother could live there for one year after he died. Even if the letter is legal, she may still have to pay the going rate of rent to you as beneficiary.

How long were they together? You clearly don't like her.

A deed can only be amended by another deed, so this letter has no bearing on the will. If you thought it reflected your dads wishes I'd be inclined to honour it personally, but if you have messages from your dad that suggest he had changed his mind and you're satisfied that he didn't want her living there, I'd take some advice on how to remove her from the property.

morally consider writing her a letter stating your intention to put the property on the market

give her some time and propose a date that she moves out - have you made it clear you expect her to go and that you won’t honour the letter

she at least needs to know that

I would ask a solicitor to issue her with a 'notice to leave', giving something like 90 days (or whatever solicitor advises). If she doesn't comply then you're in bailiff territory.

She doesn't have a leg to stand on

There is indeed

Be very careful about accepting any rent from her, as you will have created a tenancy for her, which is likely to make it even more difficult to evict her.
You definitely need to seek legal advice