Probate/intestacy stalemate query

posttokev

observations_from_a_hill wrote: »

Well. none of us is better placed to advise than your own solicitor.

I wanted views in addition to that of my solicitor though. That's been the point all along!

Anyway... A deal was reached. A "legal charge" has been applied to the property in dispute. The other party was adamant my mother was to get nothing, so it's in the name of myself and my sister. (This is what my mother had suggested originally, so it's cost her brother £10,000 more than necessary to give her what she'd wanted in the first place.) She also gets half her legal fees paid and the shared right to her parents' grave.

It's all over.

Thank God.

troubleinparadise

Phew! Thanks for your update - and I'm glad for your mum, and you, that there is finally a positive end to this sad story.

I guess the relationship with the uncle is now irretrievably lost, but well done to you for supporting your mum through what has no doubt been a very stressful time.

Now you can hopefully put it (mostly) behind you, and get on with normal life again!

madbadrob

Kev,

I have been away from this forum for a while and have just read through everything. Well done for hanging in there and getting the result that is ameniable to all. Has you now know what mediation is I wont bore you with the details. Enjoy your inheritance and good luck with your future

Rob

John_Pierpoint

posttokev wrote: »

I wanted views in addition to that of my solicitor though. That's been the point all along!

Anyway... A deal was reached. A "legal charge" has been applied to the property in dispute. The other party was adamant my mother was to get nothing, so it's in the name of myself and my sister. (This is what my mother had suggested originally, so it's cost her brother £10,000 more than necessary to give her what she'd wanted in the first place.) She also gets half her legal fees paid and the shared right to her parents' grave.

It's all over.

Thank God.

Congratulations on reaching a settlement. I had the feeling that the legal profession was going to inherit the estate.

Did you read, mark, learn, and inwardly digest the contents of this link?
http://www.landregistry.gov.uk/professional/guides/practice-guide-19

If you did MSE now has an expert to explain it to the rest of us.;)

Seriously though what is the position now of "uncle's" family ?
Does he have children ?
What does the charge mean, in addition to the chance of this all kicking off again in 15 years time when uncle dies of liver damage?
http://www.nhs.uk/Conditions/Cirrhosis/Pages/Introduction.aspx

[I am no lawyer but somehow I would expect a deed of family arrangement to back up the charge? Perhaps amending the "disputed" will to give uncle an interest in possession only with a per stirpes distribution when he dies.]
http://en.wikipedia.org/wiki/Per_stirpes

[When the government's attempts at quantitative easing, result in an massive inflation of property values in terms of a devalued currency - what will be the liability of you and your sister for Capital Gains Tax ?]

posttokev

troubleinparadise wrote: »

Phew! Thanks for your update - and I'm glad for your mum, and you, that there is finally a positive end to this sad story.

I guess the relationship with the uncle is now irretrievably lost, but well done to you for supporting your mum through what has no doubt been a very stressful time.

Now you can hopefully put it (mostly) behind you, and get on with normal life again!

Thank you. It's still hard to believe this massive black cloud has finally lifted.

posttokev

John_Pierpoint wrote: »

Congratulations on reaching a settlement. I had the feeling that the legal profession was going to inherit the estate.

Did you read, mark, learn, and inwardly digest the contents of this link?
http://www.landregistry.gov.uk/professional/guides/practice-guide-19

If you did MSE now has an expert to explain it to the rest of us.;)

Seriously though what is the position now of "uncle's" family ?
Does he have children ?
What does the charge mean, in addition to the chance of this all kicking off again in 15 years time when uncle dies of liver damage?
http://www.nhs.uk/Conditions/Cirrhosis/Pages/Introduction.aspx

[I am no lawyer but somehow I would expect a deed of family arrangement to back up the charge? Perhaps amending the "disputed" will to give uncle an interest in possession only with a per stirpes distribution when he dies.]
http://en.wikipedia.org/wiki/Per_stirpes

[When the government's attempts at quantitative easing, result in an massive inflation of property values in terms of a devalued currency - what will be the liability of you and your sister for Capital Gains Tax ?]

The legal charge means that if my (ex) uncle dies, my sister and I each get 25% of the value of the property. No faffing about dealing with his son or anything like that. Or, if he should wish to sell the property, he needs the permission of my sister and I. The solicitors are now sorting out the paperwork for this.

RAS

Hi

You need to ask some fairly determined questions about this.

1. If you are to get 25% each of the value, who determines the value?
2. How is the money to pay you to be released (since this is tied up in the house).
3. I think a deed of variation would be the most sensible and safest option. Uncle gets life interest and you get a little more security.

Note there was a thread her recently where a property was held as tenants in common. One parent died and the deceased's portion was life interest for the partner and held in trust for the offspring.

The partner sold the property and then bought a new one without making any provision for the trust (in fact as joint tenant with new spouse); effectively disinheriting the children. This was possible because the partner was also the trustee and could therefore appoint and instruct the solicitor handling the sale.