House in trust, new partner moved in with step Mother - UPDATE bottom pg 2 help?

Manchee

paddedjohn wrote: »

OP do you even see your step mum any more? I only ask because you mentioned that you had never met her new partner who she now lives with and it seems to me that you might be walking on egg shells for nothing. A 50% share of a house is a lot to think about and you want to make sure you protect your inheritance, are you sure you even have a share rather than your step mum just placating you at the time of your fathers death?

I see her quite rarely, my sister and I are both grown up, my father got together with my step mother when we were in our early 20s. She lives about a 5 hour drive from where I live, so its usually only once a year or so. Perhaps she did say that to placate us, although it would be a strange thing to say as we have never asked her about money, or even talked about it between us, she just came out with it shortly after the funeral. Tbh, nothing was further from our minds, and we didnt really take much notice at the time.

Its just now that she has said she plans to sell up its made me start considering things. My step mother was very affected after my fathers death, and I think she doesnt always think properly now, for instance she disposed of my fathers ashes without telling anyone. It only came to light when we approached her a year after his funeral and said we wished to scatter him so we had somewhere we could sit with him in private. She doesnt mean any harm, but after what everyones been saying on this thread I just want to make sure everythings above board now.

withabix wrote: »

Before you do anything else, order a copy of the will from the Probate Service.

Then and only then will you be able to determine what should have happened.

You can then take it from there - eg by registering a charge over the property if necessary.

Yes, as I said further up the thread I have applied for a copy already, thankyou for the suggestion though.

paddy's_mum

Manchee wrote: »

she disposed of my fathers ashes without telling anyone

This snippet alone has all my alarm bells ringing so loudly that I'm almost deafened!

It takes a lot of :eek: to perpetrate such an act. I appreciate that as his wife, she 'owned' his remains but to completely dismiss his daughters is outrageous.

I suspect that you daughters are being far too polite and meek and considerate and are at grave risk of being befuddled, hoodwinked and cheated because you don't want to rock the boat.

Time to develop a slightly tougher attitude, methinks.

Good luck and I hope it all works out for everyone involved.

Manchee

paddy's_mum wrote: »

This snippet alone has all my alarm bells ringing so loudly that I'm almost deafened!

It takes a lot of :eek: to perpetrate such an act. I appreciate that as his wife, she 'owned' his remains but to completely dismiss his daughters is outrageous.

I suspect that you daughters are being far too polite and meek and considerate and are at grave risk of being befuddled, hoodwinked and cheated because you don't want to rock the boat.

Time to develop a slightly tougher attitude, methinks.

Good luck and I hope it all works out for everyone involved.

Oh dear, maybe Im not painting her in a good light, I think she just didnt think. She was a very good wife to my father and they way she looked after him (he had cancer) I will forever be grateful for. Well anyway, hopefully everything should be clearer soon. I'll keep the thread updated incase anyone is interested or it helps anyone in future

daska

Even so, it's not what most people would consider a basic level of consideration to dispose of a person's ashes without informing their blood relatives. I'm with paddy's mum, if she is that thoughtless/ dismissive/ contemptuous of your relationship with him then I'd be being very careful not to alert her to the fact your checking up on her. If it was simple thoughtlessness then she may be embarassed and want to cover it up. If it wasn't then she will definitely act quickly to ensure that you have as little chance as possible to ensure that your dad's wishes are carried out.

From your own admission you barely know her so while she may have looked after him while he had cancer she may also have looked at his cancer and seen pound signs.

Make sure your Dad's Will is enacted properly, that's the most respectful thing you can do.

Kore_Arabin

It is not the charges register of the title you need to look at, it is the Proprietorship Register - is there a Restriction noted there?

As Daska said, you need to find out what the terms of the trust are, and who the trustees are. If your father set a trust over his share of the house up in his Will, this may very well give your step-mother the option to move house. However, your late father's share of the property (or the replacement property) should continue to be held in trust by the trustees.

This is evidenced at the Land Registry by a restriction on the title.

Hezzawithkids

Just chucking my tuppence-worth in here.

People of a certain generation bandy words like "in trust" and "trust fund" around without really understanding them. For instance my mother gives me a cheque every year on each my kids' birthdays with instructions that it's for "XXX's Trust Fund". I've tried explaining to her that we have no such thing and the money gets paid into their savings accounts but she still uses that term.

There's some useful info about Trusts here:

http://www.hmrc.gov.uk/trusts/intro/basics.htm

I agree with everyone else that the will is a good starting point. Good luck.

Manchee

UPDATE

So I've just gotten a letter back from the Courts and Tribunals Service, saying they cant find any record of a grant being issued in my fathers name. So no will. What do we do now? Where do we go from here, anyone know (apart from directly approching my step mother)?

hardpressed

Sadly it wouldn't be the first time a will has been distroyed by someone who doesn't like the contents.

Unless you can find a copy lodged with a solicitor that your father may have used, depending on how much your father's estate was worth your step-mother may get everything.

jackyann

I would go to see her, on one of your annual visits, without indicating any agenda.
Just in general chat, you will get a feel for what's going on.
If you think she is quite genuine, then you should ask to see the will. You don't need an excuse, but if it makes it easier, either of you can say that you are about to make a will / buy a house / work abroad / claim benefits / apply for a grant / anything similar, and need to be clear about the property you understand you own / have an interest in.You don't see a great deal of her so she doesn't know the minutiae of your lives.
If you get the feeling that something is underhand but don't want to alert her, then approach a solicitor. Is there any other relative around who might support you?

madbadrob

Manchee wrote: »

UPDATE

So I've just gotten a letter back from the Courts and Tribunals Service, saying they cant find any record of a grant being issued in my fathers name. So no will. What do we do now? Where do we go from here, anyone know (apart from directly approching my step mother)?

No all that means is that probate was never sought and if that is the case then the probate offices will not hold a will. Now you have to consider that the estate was intestate and if so then the step mum would legally get everything. I think now it is time to bite the bullet and ask the step mum if you could have a copy of the will. If you don't want to start a family feud you could say that you want a copy to frame or just to add it to your family history archive. What was the value of the estate your father left?

Rob