Terminology in a will...?

GotToChange

SmlSave wrote: »

Don't beat me - and I'm not sure if I could have resisted looking - but this sounds like the reason he didn't want anyone reading his will as it is a confidential and very personal thing to make.

I agree that an interest could mean that she has the right to live in his house or even that any interest accrued on bank accounts could go to her. Without the whole context of the Will its very hard to say what it means.

In the end though its up to the maker of Will where everything goes and tough luck to everyone else.

Fair comment and I take the confidentiality issue on board (remember, not me who looked at it). What his two sons (both in their thirties) did is up to them but I get caught in the slipstream - and I admit that I do have strong feelings about the matter due in no small part to the way this now elderly man has spoken to me - over the years and most recently.

The reason that there is an issue is this:

The property is not a mere (?) two-bed terrace (and my goodness, there was some fall out in my [distant family] when there was one of those to claim a share of...); it is a farm property with land that is being released from an agricultural tie and possibly part-sold for development. (This has been done before and what would be about a million pounds in todays's money been frittered away*.)

There is a comparatively small mortgage on the property (*I know, it's crazy, there so should not be) and since the unforseen and scarily quick death of his mother, the eldest son has been paying towards the mortgage (not protected by life assurance as the parents were too old when it was taken out); he gradually cleared a substantial amount of arrears that had been accumulating and now pays c. £500 a month (he does not earn a great wage).

I know that he has had to live somewhere and he is pretty much tied to the property as he has his own horses there, so there is of course an element of swings and roundabouts. BUT - it would have been fair enouh don't you think to believe that he MAY "benefit"/be treated fairly upon his father's death (which I agree is a terrible thing to consider).

Bad enough in my opinion that the chances of his father's "estate" being divided equally between the sons when the input has been so unbalanced (younger son buys his father a bag of Tesco value shopping once ina while...; again, before the love-life improved) as there didn't seem to be a fair outcome as it is/was. The older son was likely to be left with a millstone that he couldn't afford alone or having to sell his home to give his younger brother half - and even that half would be wrong as the older son has been good enough to do this - at the expense of forging out on his own. He has been trapped there by his parent's sloppy money management and now it seems that he will be totally overshadowed in the "end".

If this was a marriage, there would be an easier and fairer way out; he could divorce his father and claim what he has contributed (yes, I know it's not even that clear cut in a divorce, - believe me, I know); as it is and how it has become makes it now seem more like one big p***-take... If he knew more about what the expressions in the will meant and the likely future plans (that don't seem to give him one iota of conideration), then he could either stand up for himself or take action that means that at last he isn't being taken for a mug.

So, that's a bit more of the story (if anyone is interested or can help - please); I know that I should butt out; I try to keep my mouth shut but I really can't bear to see someone who has been so patient and kind-hearted be trampled all over.

squirrelchops

Hi......I fully appreciate how difficult this sort of stuff is.

My Father died intestate(sp) 32 years ago. He half owned a farm with his brother, my Uncle. Uncle was a right old !!!! who, despite on going solicitors meetings refused to help sort out how to split things.

I have had to wait until he died last year before we have been able to sort it out...I am 32 now!!! Anyway. Uncle had now wife, no kids and I was his nearest living relative. He had told me he would leave me the house and went so far to ask what surrounding garden area I would like as it encompasses various out buildings and a barn. He told me who he was leaving the rest to. This was in 2000.

Anyway.....he died 2008. What did he leave me. NOTHING!!!

So the whole farm has had to be divided up and most of it sold off (I have been able to keep some bits as am entitled to half as this was my Father's inheritance to me).

So who did he leave the rest to .......THE CHURCH!!!!!!!!!!!!!!!!!!!!!!!

Mind you he needed to really as it may make his soul go a bit of the way to heaven as he was such a horrid person to my Mum and I that he was probalby hoping to save his soul!!!!!