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Advice needed about a will

Hi all.I will try and explain the situation as easily as I can,but bear with me as I am so confused not sure which way to turn.Sorry in advance.
Basically my nan has made a will to benefit myself ,2 siblings and our children.All worked out by percentage.She doesn't have any surviving children(my father was only child,but died 2004).Anyways she recently moved to be near us and applied to her solicitor to have all her papers sent to her.Unbeknown to myself or my siblings,it turns out my nan is has joint freeholder interest of a building housing 6 retirement flats.She sold the leasehold of her flat in 2004, moved to Spain with my grandad,also now deceased, and basically she hasn't taken her roll on of landlady that she signed up for.I do not think she fully understood what she signed for at the time(she was about 83/84).Well she has appointed her solicitor to try and get her name off the freehold,which the wheels are now in motion.My dilemma is I am out of my mind with worry that myself and my kids are going to inherit something that is going to cause us alot of problems.The joint freeholder has got charges against the freehold,so Nans solicitor says she won't be able to sell it,she would have to give it away.I really don't want to have anything to do with Nans will or be a benefactor or executor.I find it very hard to handle stress as I suffer illness too and am quite an anxious person.Can I get my Nan to change her will to just benefit my 2 siblings and there kids.They seem better placed to handle it than me.No amount of inheritance is worth the stress and worry that I am feeling at the moment.I am quite happy for my siblings to have the inheritance and 100% certain that I dont want my family to inherit.I am at a loss.My Nan is 93 so time is not on her side either.Really hope someone can help.Thankyou.By the way ,her estate is not massive,cash and the freehold ,no debts unless the solicitor finds something lurking to do with the freehold interest( which is what is bothering me that I will inherit along with a title of freeholder which I dont want.)Many thanks.I hope I am making sense.

Comments

  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    Your nan must make her own mind up as to whats in her will - noone should attempt to influence her

    You do not have to accept any inheritance - you can refuse it. Unless she manages to get your name on the deeds of the property, which she shouldn't be able to do without your signature

    You do not inherit her debts

    So advice - don't interfere, and refuse any inheritance you do not want.

    And please please - space your posts out so they are not so difficult to read.
  • ERICS_MUM
    ERICS_MUM Posts: 3,579 Forumite
    Part of the Furniture 1,000 Posts
    I understand what dzug 1 says but personally I'd need to know a bit more about the situation before I could rest easy that I wouldn't have all sorts of issues when your Nan does eventually die (sorry).

    I should imagine that the contents of the will aren't specifically what your Nan wants, more likely that she doesn't fully understand it and so doesn't know how she wants her estate dealt with. She might welcome some help rather than see it as interfering.

    Have you discussed it with your siblings and would one of them be willing to go to your Nan's solicitor with her (if your Nan agrees), and get the solicitor to explain it all - it would cost an hour or so's fees but could be money well spent. Would you feel able to go with her ?

    Please try not to worry too much until you know what is involved, then you can decide what you want/need to do. DO get your siblings involved if poss. Are your children old enough to deal with it (i.e.over 18).

    Best Wishes

    Linda xx
  • Hi ,thanks for the replies.Sorry for the long first post.
    The will was prepared before the freehold came to light,so she was just distributing her assets between us all.

    My children are 6,7 and 11.I understand I can disclaim my inheritance,but then will they inherit that share or part of?

    The freehold is for a property 250 miles away.

    I have spoke to the solicitor and she says she will try her best to get my Nans name off the freehold,but she says the situation is not good!
    My Nan knows that she is going to have to pay a lot in fees, but she wants it sorted.It's bothering her greatly too.

    It just seems such a mess.Really sorry for rambling.Just dont understand legal matters too much.

    Iv'e not been intouch with younger sibling for long long time(long story!),but saw older sibling yesterday.He says to wait and see what the solicitor can do and take it from there.He is quite sensible ,but god I can't deal with these things at all well.
  • jackyann
    jackyann Posts: 3,433 Forumite
    Although I don't understand all the legal stuff, I would say that the advice to wait is a good one. It sounds as if the solicitor is doing their best, and you do not inherit debt.
    As your children are young, and they are beneficiaries, you will have to deal with their inheritance; and unless you are very well off, it may make a big difference to their future.
    Do you have a partner / children's father to talk to, to help put this into perspective? If not maybe a trusted sensible friend.
    I would not like this worry either, but steps to deal with it are in motion, and you may cause more problems by trying to second-guess the outcome.
  • Hi.Thankyou for your replies.I do feel a little better having shared this on this forum.
    My husband is a fantastic support but still I am a born worrier and sometimes possibly do get worked up over things.

    I suppose ultimately I do not want myself or my children to have the worry/expense for the maintaining or upkeep of the said building.My Nan doesn't want this either for any of us grandkids,great grandkids
    We are just about staying afloat ourselves and have enough on with our own house.We are not on a massive income.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    OP, I know all this seems complicated, but my advice is to try not to worry.

    First, most wills contain a clause giving the executors the power to sell the assets and distribute the proceeds according to the will. It is unusual for the property/land itself to pass under the will, and even then this would be expressly mentioned in the will. Since this freehold only came to light after the will was made, that is clearly not the case here.

    Second, the beneficiaries do not inherit debts. What happens is that the executors must pay any debts from the money/assets in the estate, and only when all debts have been paid can they distribute the remaining money according to the will. If there are a lot of debts this can mean that the beneficiaries get nothing, but if there are more debts than assets, then the remaining debts die with the person (unless the debts or assets are in joint names with another person, which doesn't appear to be the case here).

    I am not sure why the freehold cannot be sold, as freeholds are often sold on, normally with the other freeholders having first refusal. It might be that the reason for being unable to sell the freehold is because there are outstanding debts associated with it, and I can see why this might worry your gran, but for the reasons stated above, this should not worry the beneficiaries (well, only to the extent that paying off the outstanding debts on death would reduce your inheritance, but from what you say, that doesn't appear to be your main concern).

    In any case, as others have said, a beneficiary is never under an obligation to accept an inheritance.

    What all this means is that you have no need to worry about the freehold or the debts being passed on to you.

    Hope this helps

    Dx
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Don't worry about it. The executors will have to sort out the estate. If you are a beneficiary, all you have to do is sit back and wait for the executors to send you a cheque.
  • Thank you zzzLazyDaisy.That is really helpful info.My head feels alot clearer now.You are a star.:)
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Freeholders don't have a lot of costs, they have legal responsibilities but costs are passed on to leaseholders in service charges and additional levies. Sounds like the building is/ was owned by all the leaseholders jointly - usually this is in the name of a company - for some reason when her leasehold interest was sold to the new owner the freehold interest was not transferred also.

    Usually decisions are made by majority vote or the board of directors so all the repairs and maintenance will have carried on as normal since there are five others. It's normal not to be able to dispose of a share in the company that owns the freehold to just anyone, it would have to be offered to the other five freeholders or the one leaseholder who is not currently part of the company.

    Appoint a solicitor who specialises in leasehold matters, not some complete random. I don't see any reason for it to be that complicated or expensive but it might take time because legal notices may have to be sent out. There is loads of information here if you have a few hours to spare http://www.lease-advice.org/publications/
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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