Grandparents passed away and left home to my dad

sho_me_da_money

Guys,

I was wondering if anyone with any law experience could help?

My gran passed away last year and now her home is left as is. My aunt is the Executor and has filed to change the name of the estate in my dads name (as requested by both my grandparents before they passed)

The first letter went out to all the family members (8 in total including my dad - 4 brothers and 4 sisters) informing them of the executors request. Should anyone object, they have 28 days to appeal.

The 3 brothers have all become jealous and filed an objection even though they all know very well what my gp's wanted.

This was all written in the Will.

I was wondering if this objection by 3 of the 8 lead to any major problems?

EdInvestor

What did the will say? The executor's job is to execute the wishes of the deceased according to the will.Has your aunty applied for probate of the will?

milliebear00001

If the will stated they wanted the property left to your father alone then I'm pretty sure thesiblings would have to prove they were of unsound mind when they did the will. As far as I'm aware, a court can't overturn a private will otherwise.

sho_me_da_money

Hello guys,

Firstly, thank you for taking the time to reply.

Ok the probate is the first thing my aunt went for via the solicitor. This action resulted in a standard A4 document going out to all 8 children saying that Mrs. X has applied for the probate.

Should anyone wish to appeal, they have 28 days to do so.

Now i have absolutely no idea what has happened since then but my aunt told my dad to stop any work on my grans house because a snake fest is stirring.

There have been quite a few letters going back and forth. I will try and pop round to see what these actually say and report back.

Sorry for the lack of info.

kittykitten

So long as it was actually specified in your Gran's will that the house was to pass to your Dad, the other siblings don't really have a leg to stand on. As I understand it they've so far protested about your Aunt applying for the probate - they have a right to protest, but unless they can prove that your Aunt is likely to do something that went against your Gran's will & her wishes, they'll struggle to fight this if your Aunt was named executor in the will.

To be honest, so long as the will is legally valid, the only thing your dad's siblings may have a right to that doesn't have to be specified in the will is moveable estate - I can't remember the percentage off the top of my head but children of the deceased are automatically entitled to a certain percentage of moveable estate even if this isn't specified in the will. A lot of people never bother challenging to get this, but it sounds like your family might.

dzug1

kittykitten wrote: »

To be honest, so long as the will is legally valid, the only thing your dad's siblings may have a right to that doesn't have to be specified in the will is moveable estate - I can't remember the percentage off the top of my head but children of the deceased are automatically entitled to a certain percentage of moveable estate even if this isn't specified in the will. A lot of people never bother challenging to get this, but it sounds like your family might.

The moveable estate concept only applies in Scotland, so if your Gran didn't live there it can be ignored.

sdooley

Are you in Scotland or in England?

If in England, your Grandparent's wishes will probably be respected (as long as none of the siblings were dependent on them) but the disputes are likely to drag out administration of the estate - think 2, possibly 3, years rather than the usual 1. Your aunt is doing well to go to a solicitor, if the solicitor is a specialist in estates (e.g. a STEP member) they will be better for this job.

sho_me_da_money

sdooley wrote: »

Are you in Scotland or in England?

If in England, your Grandparent's wishes will probably be respected (as long as none of the siblings were dependent on them) but the disputes are likely to drag out administration of the estate - think 2, possibly 3, years rather than the usual 1. Your aunt is doing well to go to a solicitor, if the solicitor is a specialist in estates (e.g. a STEP member) they will be better for this job.

Hi there,

Yes this is in England.

All siblings are independant. They are just being greedy b*****s.

I think the solicitor that my aunt (executor) consulted was the one who started the ball in motion by applying for the "probate".

God willing this will work out well. I'll keep you guys informed.

localhero

If the aunt wants to hand the responsibility of being executor over to someone else, then there is no obligation to inform/invite views from others. (Unless of course they are fellow executors).

I don't see why the solicitor has invited a dispute - since this will only cost the estate money dealing with the family. (And hence enriching themselves further from the estate.)

neverdespairgirl

sho_me_da_money wrote: »

All siblings are independant. They are just being greedy b*****s.

Before accusing others of being greedy whatevers, have a re-read of:

http://forums.moneysavingexpert.com/showthread.html?t=648659

especially your own sweet words:

They charge me no rent and they have benefits coming in.

I will be the person paying so if they want to pose as people who are taking rent of me, then fine.

My gran passed away and we are expected to move into her house.

It would be silly for them to miss out on an opportunity with this house. If they go for it under the right to buy scheme then they cannot sell/rent for min of 3 years.

Im hoping to sell it in 3 years anyways.

adouglasmhor

dzug1 wrote: »

The moveable estate concept only applies in Scotland, so if your Gran didn't live there it can be ignored.

And a house is not moveable estate.