Dispute over will...

Paul_Herring

getmore4less wrote: »

I think any tax on the aunts must have been paid allready, to be able to get probate to be able to sell the house.

So should the tax bill effectively come out of the estate and be suitably apportioned before the sums are eventually divided up handed out from the estate?

NAR

Sally sounds to me like your cousin was none to happy at 60% of his mother's money going elsewhere rather than to him, which he is why IMHO he is determined to hold onto the savings account money.

I also agree with a couple of earlier posters that a surviving joint account holder becomes the sole account holder. Morally he should be putting the money "in the pot" but legally he doesn't have to.

My advice is to share out what remains and enjoy your share, knowing that you have done your best to fulfil your aunt's last wishes.

Sally1973

Yes NAR you are quite right. He was very upset about not being the sole benificary, which, at one point he was. There was a big fall out a few years ago when he moved away and he was written out of the will completely. Then, he got back in touch in the last few years and my aunt had a change of heart and gave him 40%. I'm just keeping my mouth shut about it all as don't want to cause more upset. It's been a sad enough time without all of this.

dzug1

Having read post 16 I'm less confident about my assertion that the account passes to the cousin - from that it looks as though there is a very good case that it belongs to the estate and that you would be justified in withholding his share when you pay out.

I think I'd rely on your legal opinion that that's the way to go.

Sally1973

By the way the house sold for £180k and the savings are £50k so under the Inheritance Tax figure I guess? Like I say, sister is dealing with all of this and she's quite on the ball.

Paul_Herring

Ah - no IHT issues then.

Sally1973

Thanks dzug x Yes, you are right, things are far from straight forward, will have to get more legal advise methinks, your time has been most appriciated, all of you, thankyou x

dzug1

Paul_Herring wrote: »

So should the tax bill effectively come out of the estate and be suitably apportioned before the sums are eventually divided up handed out from the estate?

The tax bill comes out of the estate prior to dividing up unless the will makes a provision that a legacy is free of tax. Where it says that then it effectively comes from the residuary beneficiaries of the estate.

dzug1

Sally1973 wrote: »

Thanks dzug x Yes, you are right, things are far from straight forward, will have to get more legal advise methinks, your time has been most appriciated, all of you, thankyou x

It's going to be messy either way I'm afraid. Just that I'm now fairly confident of you winning rather than losing

dzug1

syorkshirelass wrote: »

My brother and I were left my mums house when she unexpectedly died last year. Her husband, is able to live in the house until he either dies or remarries. He was abusive to my mother even when she was dying, punched me several times whilst looking after my mum. He never paid a penny into the home....my brother and I helped financially with mortgage payments etc when Mum first divorced before marrying him. To cut a very long story short, he is living in our house, still not paying a penny when I am to be made redundant so money will be an issue shortly. He will not spend any of his money on maintenance work. It is over a year since mum died and we havent even sorted her clothes etc out yet. My brother and I are left with a big mess and lots of unanswered questions. My mum wanted everything to have gone to her children and grandchildren but unfortunately her will, which she had to keep hidden for fear of him burning it therefore he would have got the lot, said that he could live there. I really dont know what to do anymore. The worst bit is not even being able to go to the house and sort thro mums belongings etc The only time when we went after mum died, he had replaced her photograph with his first wifes ! The man is really horrible and I say this because he is, not because I am greedy for what will be ours sometime in the future anyway. I just wished that my mum had renewed her will, origional made 15 years ago, and left a copy with the solicitor who she worked for.
I dont seem able to move on with my life whilst everything is as it is. Any thoughts from others would be appreciated.

Does the will saying he can live there specify that he is responsible for maintenance? If it was well written it should have done.

You can get a copy from the Probate Office if all else fails