Unclear Will, don't know if I'm entitled

Savvy_Sue

rupiereeves wrote: »

It all gets a bit complicated as the house belonged to my Father but was held in trust by him and my Grandma and my Grandma could stay in it as long as she wanted.
My Father has now passed away so she is the only person holding this property in trust.

So if your father did NOT make a will - and what evidence do you have that he did? - you'll have to go back to your grandfather's will to establish ownership of the house.

whitewing

It sounds like your gf wanted gm to stay in the house as long as she wanted/is alive. Then I imagine the house comes to either your mum or you.

Doesn't sound to me like you can force gm out of the house just vecause your mum is struggling.

rupiereeves

We don't want to kick her out, we just want to ensure that it will come to our side of the family when she dies. The problem is that the way in which it is written is all based on my father outliving my Grandma which he hasn't.
I will check with Probate as suggested and see if they have copies of my Fathers Will. My Father did have one but as his illness affected his brain he was not in a position to ask or discuss the matter and obviously a subject we did not want to force on him.
Thank you all for your help

Nicki

I don't really understand why your father's will is relevant at all in determining what happens to the house?

If I understand it correctly, there was a trust, of which your father and grandmother were trustees, which gave your grandmother a life interest in the house. The trust will also have a "remainder" clause specifying what happens when grandmother dies. It is that which you need to look at to see what will happen to the property when grandmother is no longer with you.

It is likely to say one of three things:

1. That it goes to your father if he is alive, and if not to xxxx
2. That it goes to xxxx who is not your father, or
3 that it goes to your father, with no reference to what happens if your father is dead. This is where things get more complicated and the position will depend on how your grandfather's will is worded, but usually the property will pass to your father's heirs once your grandmother has died, either under his will, if you can find it, or under intestacy rules if you can't.

The point being that working out what happens to the house grandmother is living in does not hinge on finding your father's will, because he can only pass things along when he owns them legally and beneficially, and whether he has a beneficial interest depends solely on how grandfather set up the trust.

Obviously, you will still need to find your father's will to know how he wants his estate distributed anyway, but it won't help resolve the particular question you've asked.

ETA if grandmother was left only a life interest, then she cannot will the house to her side of the family, unless the trust provided that she would have an absolute right to the house if your father pre deceased her.. But again, all that will be in your grandfathers will not your fathers.