Will done over 1 and a half years ago, going to probate..help?

Caseyface

HI All

I am not over 50 but i know there have been a few threads on wills etc in here and was hoping you could help....

Please bear with me, some of this may sound rather vague but there's that much to remember it's hard to get it all down.

My partners father passed away over a year and a half ago now, he was terminally ill and so before he passed he made a will and tied up any lose strings so that when he did die things would run smoothly with inheritance etc. My partner signed douments to half the house and money and bonds were also being left to him. My partner is the only child and his father also had a wife. Both are the main executors and as far as i am aware are the only people inheriting anything. The only other person who would have received any money was my partners grandmother....she has since passed.....do you think this could be the reason for delay?

The wife still lives in the house, this case is ongoing even so long after his death and we can't understand why. My partner went to see the solicitor involved (i was in work) he said she was very good etc etc and she said probate had been applied for, she reckoned a date would be given in the next couple of weeks and should be wrapped up in a couple of months........this was about 5-6 weeks ago now and nothing. I keep telling him to mither the solicitor to crack on with things, but it just feels like stale mate.

To top it all, my partner has been out of work for a few months now. We are struggling financially and it seems silly that someone who technically has a fair bit of money has no access to it.

I'm at my wits end trying to help him to get things sorted out, and the wife of his father doesn't seem very forthcoming with the information. Could she do anything without him knowing? Or because they are both executors would it have to be both that make the decisions?

I'm sorry if this seems like a rant, i suppose it is, just genuinly don't know where else to turn.

help?

Thank you

Robert_Sterling_3

The two executors need to be involved.

The problem I forsee that might be causing the hold up is the question "Is the house to be sold"

gizmo111

What did your partner actually sign?

Caseyface

Robert_Sterling wrote: »

The two executors need to be involved.

The problem I forsee that might be causing the hold up is the question "Is the house to be sold"

Hi Robert, no the house isn't being sold. No mortgage left on it and it's worth a fair bit of money but my partner and the wife have signed for half each.

To Gizmo

I don't know exactly what was signed, i know he signed for half of the house and i think some things that he would be entitled to were signed over i.e money and bonds.

dzug1

Sorry, I'm not sure what you mean by 'signed for'. On one interpretation of that it sounds as though he has actually already received all or at least most of what he is due. Does he have the money and bonds that were 'signed over' by/to him? If not, what was he actually signing for?

gizmo111

What he signed for is really important in this, and could well be the key to the delay.

Hopefully he didnt sign the will as a witness and beneficiary.

Caseyface

dzug1 wrote: »

Sorry, I'm not sure what you mean by 'signed for'. On one interpretation of that it sounds as though he has actually already received all or at least most of what he is due. Does he have the money and bonds that were 'signed over' by/to him? If not, what was he actually signing for?

Sorry i'm crap at this...

I don't know exactly, as far as i know he and the wife signed something which meant they both own half of the house. He has not received the money/bonds that are owed as yet. I assumed when he said signed that it just meant he was accpeting the money/bonds. I honestly don't know, but the almost 2 year delay spells something's not right.

margaretclare

Caseyface wrote: »

Sorry i'm crap at this...

I don't know exactly, as far as i know he and the wife signed something which meant they both own half of the house. He has not received the money/bonds that are owed as yet. I assumed when he said signed that it just meant he was accepting the money/bonds. I honestly don't know, but the almost 2 year delay spells something's not right.

It sounds as if the wife - the widow in fact - has inherited half of the house and therefore has a perfect right to go on living there. As has been discussed in other threads, half a house cannot be sold, and therefore your partner - if he was hoping for the house to be sold and to receive his half-share in cash - is out of luck. He will only inherit his half when the widow dies and that, of course, depends on how she chooses to leave her half - to him, or to someone else.

jockettuk

sounds like another case of the solicitor taking there time.. ..phone and make an appointment to see the solicitor and if in doubt bin them and get another one.. my brother had to do this as his father in law died and my sis in law only benificiary and solicitor held every thing up so after a year they ditched that solicitor and got another one and it was all wrapped up in 8 weeks after that.

Biggles

margaretclare wrote: »

It sounds as if the wife - the widow in fact - has inherited half of the house and therefore has a perfect right to go on living there.

I wouldn't be absolutely certain that's true (maybe it could be argued - unless provided otherwise in the will - that the OP's partner has an equal right to live there?).

But my point really is that surely, in order to carry on living there, she must pay a fair market rent to the OP's partner on the half she doesn't own? No free lunch etc.

Caseyface

Thanks for all your replies.

My partner doesn't want to sell the house, he is happy for his Dad's wife to live in the house. I do think that maybe it's a case of finding a new solicitor. My partner has since been in touch with the wife and he is going round tomorrow to try and get some answers from her regarding whether she has had contact with the solicitor etc.

Watch this space....