Interpretation of my Mum's will
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Purplez
Posts: 6 Forumite
My Mum passed away almost 17 years ago. My sister and I where left a third between us and my Mum's partner the rest. The will also gives my Mum's partner a right to use the property for his lifetime. (Although the will doesn't state what share we are left, it is only my Mum's partner that has said it is a third, my Aunt, the other executor has never asked to see proof that he owns the rest.)
The right for him to use it is on the condition that he 'pay the outgoings: insurance, repair and decoration and other matters as my Trustees shall think fit and upon the determination of the above interest I give the property or it's proceeds to my children'.
I am wondering what the bit about repair and decoration means? How would that be interpreted and checked? My Aunt and Mum's partner are executors and Trustees, so would that mean the my Mum's partner gets to decide if he is looking after it appropriately? What is the other executors right to check the property? My Aunt hasn't been to the house in over 7 years and as I understand I don't have the right to check.
I don't have a good relationship with him and don't trust him. I know that I get extra anxious at this time of year as it is coming up the anniversary of Mum's death. I do worry that he will not look after it. My Mum loved the house very much, I know not relevant, but it does hurt that he has already abused the house keeping a bike in the living room and having an old cooker in the hallway. My Aunt doesn't seem to be think she can do anything.
I do want to get some legal advise, but think what I can find out is limited as I am not an executor?
Many thanks in advance for any help on this and hope it makes some sense. It has dragged on so long now that it all goes round in my head and gets confused.
The right for him to use it is on the condition that he 'pay the outgoings: insurance, repair and decoration and other matters as my Trustees shall think fit and upon the determination of the above interest I give the property or it's proceeds to my children'.
I am wondering what the bit about repair and decoration means? How would that be interpreted and checked? My Aunt and Mum's partner are executors and Trustees, so would that mean the my Mum's partner gets to decide if he is looking after it appropriately? What is the other executors right to check the property? My Aunt hasn't been to the house in over 7 years and as I understand I don't have the right to check.
I don't have a good relationship with him and don't trust him. I know that I get extra anxious at this time of year as it is coming up the anniversary of Mum's death. I do worry that he will not look after it. My Mum loved the house very much, I know not relevant, but it does hurt that he has already abused the house keeping a bike in the living room and having an old cooker in the hallway. My Aunt doesn't seem to be think she can do anything.
I do want to get some legal advise, but think what I can find out is limited as I am not an executor?
Many thanks in advance for any help on this and hope it makes some sense. It has dragged on so long now that it all goes round in my head and gets confused.
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Surely your aunt, as an executor, MUST have seen the will. Did it have to go through probate?0
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My Mum passed away almost 17 years ago. My sister and I where left a third between us and my Mum's partner the rest. The will also gives my Mum's partner a right to use the property for his lifetime. (Although the will doesn't state what share we are left, it is only my Mum's partner that has said it is a third, my Aunt, the other executor has never asked to see proof that he owns the rest.)
The right for him to use it is on the condition that he 'pay the outgoings: insurance, repair and decoration and other matters as my Trustees shall think fit and upon the determination of the above interest I give the property or it's proceeds to my children'.
As you know this detail, presumably you have a copy of the will.
It's hard to believe that someone would write a will leaving a house to three people without specifying the split of ownership.
Could you quote that bit of the will - leaving out any identifying names/addresses.0 -
Could you quote that bit of the will - leaving out any identifying names/addresses.
Thanks you, yes my Mum's wills states: 'I give my interest in the property known as ........ ('the property') to my Trustees upon trust to grant my partner 'his name' a right to use the property during the lifetime of ('partner') as long as this shall be required and subject to such conditions as to payment of outgoings and as to insurance repair and decoration and other matters as my Trustees shall think fit and upon determination of the above interest I give this property or it's proceeds of sale or the investments arising from it to my children'0 -
Although the will doesn't state what share we are left, it is only my Mum's partner that has said it is a thirdmy Mum's wills states:
'I give my interest in the property known as ........ ('the property') to my Trustees upon trust to grant my partner 'his name' a right to use the property during the lifetime of ('partner') as long as this shall be required
and subject to such conditions as to payment of outgoings and as to insurance repair and decoration and other matters as my Trustees shall think fit
and upon determination of the above interest I give this property or its proceeds of sale or the investments arising from it to my children'
As I read it, your mother left the house to you and your sister.
Her partner has the right to live in it but no ownership.
The executors should transfer the house into the new owners' names.0 -
If it is their names they will have to insure it.0
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And nothing, just making the point.0
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the will says the mums "share" of the house goes to the kids via life interest trust.
The Aunt as executor and trustee has a responsibility to know what that share of the house is and would have needed to find out to complete the capital return for the estate.0 -
As I read it, your mother left the house to you and your sister.
Her partner has the right to live in it but no ownership.
The executors should transfer the house into the new owners' names.
The will created a life interest trust for the share of the house, the trustees should be the legal owners of that share.
a life interest is as good as owning within the scope of the trust.
until the life interest on that share expires they really own nothing but a beneficial interest they can do nothing with.0 -
getmore4less wrote: »The will created a life interest trust for the share of the house, the trustees should be the legal owners of that share.
a life interest is as good as owning within the scope of the trust.
until the life interest on that share expires they really own nothing but a beneficial interest they can do nothing with.
But the point was that their Mum's partner had told them that they only owned a one-sixth share of the house each whereas they own the whole property.
They can't do anything with it until he dies or moves out but they do own all the house, not just a small share in it.0
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