Desperate help with a will..

Natty68

I was wondering if I could have a wee bit of help regarding a will..

My mum died suddenly three weeks ago, and I have found a will dating back to 2001. Now this will has stated that she wants someone to live in her house to look after her 12 cats until their deaths. She has said that the house is to be kept in good repair, insured and the solicitors are not liable for any costs etc. So basically the woman she has named to live in the house has to pay for everything, bills etc as well as the upkeep and vets fees (if necessary) of the cats. Now in order to pay the funeral costs, a couple of debts that she has, and the utilities fees – the house has still got all the utilities as the cats are living there at the moment – as well as having to pay about £20,000 to make the house in good repair. Basically it has dry rot, damp, you can literally see the attic through the back bedroom roof, mould on the ceilings and the plaster on the kitchen walls has blown. So in order to live there this woman would have to put all this money up front before she can move in. Also she would have to pay the funeral costs and bills etc as in the will mum stated that the costs of funeral, debts would come out of her estate. When this will was made mum did actually have a fair bit of money in the bank which would enable the funeral to be paid etc.., but sadly there is nothing in the bank now..and I mean nothing. She also hasn’t seen this friend of hers for over 5 years, and the woman has just remarried and has two small daughters now.

Also the woman isnt getting the house in her right when the cats die it goes to trust..

She has also left the residuary estate to two cousins of mine whom she hasn’t seen for over 5 years.

There is also a clause in the will that says the cats are NOT to be rehomed or disposed of. Which is a bit odd as the house has to be sold to pay all outstanding bills, so what on earth happens to the cats..? There is nothing in this will about what happens to them if the house has to be sold..

Now I am the only daughter, but unfortunately I was not named or anything.. Mum and I had a difficult relationship but I do know that when this will was made out we were very close at the time.

Also friends keep wittering on that there is another will etc..that she made out this year, but the solicitors can not find anything anywhere, and I have also rung the solicitors in the area and there is no other will around.

What I was wondering would I be in my right to put a claim on the estate, to basically overturn the will so she basically died intestate? Or would my cousins be entitled to everything?

There is no clause or anything in the will to say what happens if the house has to be sold to pay debts etc., which it definitely has to be..

When I spoke to mums solicitor I was basically told that I shouldn’t have even gone ahead and organised the funeral etc.. I mean how heartless is that. If I hadn’t done it and it was left to the executors after the will had been read (the solictors) she would have had a paupers funeral. I am also not able to get into the house now to clean mums personal effects etc..

I have spoken to someone who said that basically the will would be overturned on the clause with the cats, and it would go intestate..is this right.

The only clause is that if this woman dies during mums lifetime then the residuary estate shall be held in trust for my two cousins. Now these cousins have their own families..etc..

All her real and personal property is to converted into money to pay the funeral etc and is also called her residuary estate. But she doesnt have anything of value to pay these off..

I know I am going to have to register an interest on the estate, and I was told that I would be able to do that under the Inheritance Act because I am the only child of my mothers and there are no other siblings, so in that fact it is pretty straight forward I would be contesting just the will. Or something like a beneficiarys agreement would have to be reached, but seeing as the beneficiaries are the woman who gets to live in a house that has to be sold and the cousins who are due to get any money that is left over in the house..not the sale of the house..

Any help would be appreciated, as I have this looming over me at the moment during Christmas.,especially as the will has not been read at all yet.

Oooh the other thing, is when the will is read does the solicitor that is holding the will have to notify me as I am next of kin, but not named in the will anywhere.. so that I can be at the reading?

If anyone wants to know anything else, I have a copy of the will here and can type what is in it to make things clearer..

Thanks in advance..

elona

I do not think that there is an actual reading of the will.


If someone finds a will they contact the solicitor for the original copy and apply for probate if they are the next of kin or the executor.

There may be a case for your mother not having made a "reasonable" will but you would need to see a lawyer.

Best of luck with this.

Natty68

Thank you Elona, this is what I thought..Oh well looks like a lengthy procedure, wish mum had left a better will etc.. Just what I need when I am grieving over her death.

margaretclare

This sounds a really peculiar type of will! The deceased is laying this obligation on another woman, who may/may not be aware of it or even want it - as you say, she has now remarried. People do remarry and move on in the course of a few years!

I've heard of rich people leaving their estate for the upkeep of their animals, but in this case, there's no money to keep them!!! Who's feeding the cats etc at the moment?

I think you need a different solicitor, not your mum's, the one who told you you shouldn't have organised the funeral. I'm no legal expert, but in the case of intestacy there are rules - a daughter/son takes precedence over cousins!

Not a good time of year to be landed with all this!!

Margaret

mikey-mike_2

Sorry to hear of your loss but unless I have missed something it seems quite clear.

Your mother wants a friend of hers to live rent free in the house in return for maintaining it and keeping the cats alive. Once all the cats are dead then the house is to be sold and proceeds go to the cousins who also get the rest of the estate after debts have been paid.

I don’t see what grounds there are for contesting in unless she was of unsound (in the legal sense) mind when she made it.

You might be miffed that your mother chose not to leave you anything but that is what wills are for, to let people know what you want to happen to your possessions after you die.

Not sure what happens if the friend doesn’t want to live in a poor condition house full of cats but I don’t see how that affects who gets the money in the end

Savvy_Sue

mikey-mike wrote:

Not sure what happens if the friend doesn’t want to live in a poor condition house full of cats but I don’t see how that affects who gets the money in the end

I believe you can renounce an inheritance like that - presumably this other woman doesn't WANT the job of repairing a house and looking after 12 cats at her own expense with no gain at the end of it?

I agree you need to see another solicitor, rather than the one who drew this will up. If Bossyboots or SeroxatChick pop into this thread they're pretty on the ball, otherwise a PM asking them nicely if they'd look at it might be worthwhile! (Of course there are other people in a position to know what's what, they're just the two I think of first ...)