Stepfather's will and codicil
VJsmum
Posts: 6,953 Forumite
Hi, I wonder if someone could translate some jargon?
My stepfather (technically stepfather but has been in the father role since I was 6 - I am now 54) died two months ago. He and mum had mirror wills (mum died 8 years ago) leaving everything to each other and then the estate to be divided 5 ways between my siblings and i - with the proviso that one brother could stay in the house for up to 6 months after the last of the two died before we sold it.
This brother has been a carer for dad for the past 5 years (but lived with dad rent and all bill free)and we have now found a codicil to the original will. It says the following
"I give to my trustees my share of the house known as xxx. Upon Trust my trustees shall hold the said house or other dwelling house for the time being held by them upon the trusts of this gift representing the same UPON the TRUSTS and with and subject to the powers and provisions hereinafter declared concerning my Residuary Estate so that this property shall be distributed according to the provisions of this my Will.
IN TRUST the property shall be divided ....." (it then gives 60% to the brother that was caring for dad and 40% equally between us remaining 4).
It then goes on
"PENDING the sale of the said house... they shall allow my son CARER BROTHER to occupy the same for so long as he shall wish to do so UPON such terms and conditions as in their absolute discretion my Trustees shall think fit to require as to the payment of taxes and other outgoings in respect thereof and as to the insurance and repair thereof AND so that in the like discretion if my Trustees shall from time to time think fit to do so they shall have power (but shall not be under any obligation) to discharge any of the last mentioned liabilities or any part thereof out of the income or capital of my Residuary Estate in priority over any beneficial interest therein."
(I have typed without punctuation as there is little and I don't want to impose my own meaning by adding some.) It goes on to say that the trustees could, at carer brother's request, apply the whole or any part of the proceeeds of any sale towards the purchase of another property.
I and my older brother are the trustees. I think this means that carer gets to stay as long as he likes, if he wants out then the sale of the house can be divided 60:40 but he could ask us for 100% of it for another property.. is this right? What if we don't want to - my two younger siblings really need the money tho us two trustees don't. Also carer brother is very unlikely to look after the property, so could we then force a sale? I don't really want it to come to that but think carer would be much better off else where as the house is in a poor state of repair../
ANy help greatly appreciated.
My stepfather (technically stepfather but has been in the father role since I was 6 - I am now 54) died two months ago. He and mum had mirror wills (mum died 8 years ago) leaving everything to each other and then the estate to be divided 5 ways between my siblings and i - with the proviso that one brother could stay in the house for up to 6 months after the last of the two died before we sold it.
This brother has been a carer for dad for the past 5 years (but lived with dad rent and all bill free)and we have now found a codicil to the original will. It says the following
"I give to my trustees my share of the house known as xxx. Upon Trust my trustees shall hold the said house or other dwelling house for the time being held by them upon the trusts of this gift representing the same UPON the TRUSTS and with and subject to the powers and provisions hereinafter declared concerning my Residuary Estate so that this property shall be distributed according to the provisions of this my Will.
IN TRUST the property shall be divided ....." (it then gives 60% to the brother that was caring for dad and 40% equally between us remaining 4).
It then goes on
"PENDING the sale of the said house... they shall allow my son CARER BROTHER to occupy the same for so long as he shall wish to do so UPON such terms and conditions as in their absolute discretion my Trustees shall think fit to require as to the payment of taxes and other outgoings in respect thereof and as to the insurance and repair thereof AND so that in the like discretion if my Trustees shall from time to time think fit to do so they shall have power (but shall not be under any obligation) to discharge any of the last mentioned liabilities or any part thereof out of the income or capital of my Residuary Estate in priority over any beneficial interest therein."
(I have typed without punctuation as there is little and I don't want to impose my own meaning by adding some.) It goes on to say that the trustees could, at carer brother's request, apply the whole or any part of the proceeeds of any sale towards the purchase of another property.
I and my older brother are the trustees. I think this means that carer gets to stay as long as he likes, if he wants out then the sale of the house can be divided 60:40 but he could ask us for 100% of it for another property.. is this right? What if we don't want to - my two younger siblings really need the money tho us two trustees don't. Also carer brother is very unlikely to look after the property, so could we then force a sale? I don't really want it to come to that but think carer would be much better off else where as the house is in a poor state of repair../
ANy help greatly appreciated.
I wanna be in the room where it happens
0
Comments
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One small typo could make a huge difference. You really must get urgent paid for professional advice on how to act.Hi, I wonder if someone could translate some jargon?
My stepfather (technically stepfather but has been in the father role since I was 6 - I am now 54) died two months ago. He and mum had mirror wills (mum died 8 years ago) leaving everything to each other and then the estate to be divided 5 ways between my siblings and i - with the proviso that one brother could stay in the house for up to 6 months after the last of the two died before we sold it.
This brother has been a carer for dad for the past 5 years (but lived with dad rent and all bill free)and we have now found a codicil to the original will. It says the following
"I give to my trustees my share of the house known as xxx. Upon Trust my trustees shall hold the said house or other dwelling house for the time being held by them upon the trusts of this gift representing the same UPON the TRUSTS and with and subject to the powers and provisions hereinafter declared concerning my Residuary Estate so that this property shall be distributed according to the provisions of this my Will.
IN TRUST the property shall be divided ....." (it then gives 60% to the brother that was caring for dad and 40% equally between us remaining 4).
It then goes on
"PENDING the sale of the said house... they shall allow my son CARER BROTHER to occupy the same for so long as he shall wish to do so UPON such terms and conditions as in their absolute discretion my Trustees shall think fit to require as to the payment of taxes and other outgoings in respect thereof and as to the insurance and repair thereof AND so that in the like discretion if my Trustees shall from time to time think fit to do so they shall have power (but shall not be under any obligation) to discharge any of the last mentioned liabilities or any part thereof out of the income or capital of my Residuary Estate in priority over any beneficial interest therein."
(I have typed without punctuation as there is little and I don't want to impose my own meaning by adding some.) It goes on to say that the trustees could, at carer brother's request, apply the whole or any part of the proceeeds of any sale towards the purchase of another property.
I and my older brother are the trustees. I think this means that carer gets to stay as long as he likes, if he wants out then the sale of the house can be divided 60:40 but he could ask us for 100% of it for another property.. is this right? What if we don't want to - my two younger siblings really need the money tho us two trustees don't. Also carer brother is very unlikely to look after the property, so could we then force a sale? I don't really want it to come to that but think carer would be much better off else where as the house is in a poor state of repair../
ANy help greatly appreciated.0 -
I agree that you and your brother need to get proper advice.
I think that it is saying that your brother can stay in the house as long as he wants, and that you and your brother as trustees/executors have the discretion to determine what conditions there are in terms of what outgoings he has to pay, and that you could chose to use money from the rest of the estate to pay outgoings on the property, if you wanted to.
I don't think you and your brother can force him to move to another property, but it looks as though you can make conditions about his maintaining / repairing the property, so you may be able to encourage him to move elsewhere.
However, you definitely need to speak to a solicitor - do you know if the codicil was prepared by a solicitor??All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
[FONT=Verdana, sans-serif]Yes you definitely need expert advice. If he was only allowed to relocate with 60% of the value though, why would there be a need for a trust on said house or other dwelling house?[/FONT]0
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Thanks for the replies.
I think I will try consultation within the family first - i would hate this to cause a rupture within the family (we've had enough of those). if i get legal advice, I will have to pay for it so I would like to do it civilly first.
I appreciate your time - thank you.I wanna be in the room where it happens0 -
Sorry, but there shouldn't be any 'if' about seeking proper paid-for legal advice.
There is a considerable asset at stake here, get the distribution wrong as a Trustee and you may be liable under the Trustee Act.
It makes no difference what your family think should happen, the will is what dictates happens. Probate invariably causes family rifts somewhere along the line.0 -
What point is there is discussing it when you don't understand what the will means? You will achieve nothing except stir the family up.Thanks for the replies.
I think I will try consultation within the family first - i would hate this to cause a rupture within the family (we've had enough of those). if i get legal advice, I will have to pay for it so I would like to do it civilly first.
I appreciate your time - thank you.0 -
I agree with Yorkshireman- this isn't really about sitting down and agreeing (nice though that is). It is about getting the legal interpretation exact.
My own advice would be to say that you need legal advice, ask your siblings what points they wish to raise. If you can't all get to the solicitor together (and honestly, that may well be counter-productive) then ask the solicitor for the advice in writing so it can be passed to everyone.
Then may be the time for discussions about how to handle the situation.0 -
Yes, of course you are right.
I will speak to my brother - the other trustee - about getting legal interpretation.
Thank youI wanna be in the room where it happens0
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