Fathers Will

JUNIOR

Hi MSE ' s

Hope someone can give me a bit of advice please .

I lost my dad to cancer in nov 09, and i have just been informed that he has left me some equity(30%) in a bungalow he lived in .
I was told by my auntie (his sister) that he has left me this sum , question is , Do i have to get this in writing ? or a copy of the will ?
I would like to point out that my father re-married , a younger woman (pretty much the same age as me )she now lives in the bungalow,
with her children .

Browntoa

is she an executor of the will or is it being done by a solicitor

JUNIOR

As far as i know she is the executor, i asked whether or not i will get a recorded letter , stating this percentage , she said no .
I dont really want to wait 30 years for my dads partner to kick the bucket :T , think that i've got 30% share in a property and then find out that i have no proof of the equity .

she said i could have a copy of the will ! but is this a legal binding regarding the equity and does it secure that 30% , i know i will get nothing , she will deffo out live me , so this equity will more than likely go to my son.

vaio

Just a guess......

It depends on what the will actually says,

If it just says you get 30% then your step mother needs to sell up or otherwise arrange with you to give you your share.

If it says you only get your share when the step mother dies then your share should be registered at the land registry.

You need a copy of the will and some legal advice

mountainofdebt

I would have thought that as a beneficiary you are entitled to a copy of the will but in any case when it goes to probate you can get a copy of the will then.

Your dad may have been canny in the wording of his will as to the terms of his widow staying in the house, which may be why she is being evasive. By that I mean, OH's father left him a percentage in his house in his will but the father's partner can stay in the house under certain conditions e.g she can't move a partner in permenantly, remarry and stay in the house.

JUNIOR

Thanks for your advice:beer:
I have just phoned the executor(auntie) and asked for a copy of the will ,
No problem there, but she has also told me that she is a trustee or something ! ? , if anything happens to my dads new wife ie dies , or sells . she will forward the 30% to me , or my son if anything happens to me .
I think i need some legal advice here i just want something in writing to prove that i hold 30% equity in this property .

Does this mean that i'm not entitled to a legal copy of the will ?

chesky369

Why don't you wait until you get the copy of the will your auntie has promised you. You can then take it to your local CAB, who will give you some initial advice and if it's more complicated, direct you to a solicitor who will assist further.

mountainofdebt

OH just had a photocopy of the original will from the solicitors who were appointed executors.

I think that the house has now been put into trusteeeship until something needs to happen to the house and it sounds as if this is where your Aunty comes in.

As far as FIL's will was concerned, it stated that only if OH pre-deceased him would OH's share go to our son but I think I am right in saying that as FIL has now died if anything should happen to OH, then his share forms part of OH's estate, but I'm not 100% on that bit.