Will - Stubborn Stepfather - Tenants in Common

nxdmsandkaskdjaqd

My Mum died recently leaving my step-father and his daughter as executors to her will. My Mum’s wishes were for her half of the property, through a Tenants in Common (Mirror Wills) arrangement, to be put in trust to me her daughter. But my step-father is of the opinion that what was Mum’s is now his and nothing needs to be done, no probate, or need to amend the deeds to the house etc. The estate is approx £275,000 for the house, £20.000 in joint names and some shares in joint and individual names to the sum of £25,000. I have managed to get him to see a solicitor next week with his daughter, all three of us to attend, but wanted to know beforehand what my rights are if neither of them carries out my Mum’s wishes. Do I have any rights? I should mention that the property was my Dad’s originally and when he died Mum re-married some 30 years ago, and changed the names on the deeds to her and my step-father.

What are my rights should he decide to do nothing with respect to the deeds, i.e can I initiate a change in the Deeds? What would happen upon his death if nothing has been changed, where would this leave me if I am not cited in the Charge Register of the deeds. Can I initiate legal action to force his to change the deeds?

Just as an additional note, it does state in my Mothers Will that “If all my executors are unable or unwilling to act ....I appoint my daughter as my substitute executrix and trustee.

Many thanks for your replies.

Jinx

I am sure someone will advise properly but there will definitely be action required. Because if not when your stepdad dies it would all pass to his daughter thereby cutting you out which is what your mum was ensuring did not happen.

Mojisola

nxdmsandkaskdjaqd wrote: »

My Mum died recently leaving my step-father and his daughter as executors to her will. My Mum’s wishes were for her half of the property, through a Tenants in Common (Mirror Wills) arrangement, to be put in trust to me her daughter. But my step-father is of the opinion that what was Mum’s is now his and nothing needs to be done, no probate, or need to amend the deeds to the house etc. The estate is approx £275,000 for the house, £20.000 in joint names and some shares in joint and individual names to the sum of £25,000. I have managed to get him to see a solicitor next week with his daughter, all three of us to attend, but wanted to know beforehand what my rights are if neither of them carries out my Mum’s wishes. Do I have any rights? I should mention that the property was my Dad’s originally and when he died Mum re-married some 30 years ago, and changed the names on the deeds to her and my step-father.

What are my rights should he decide to do nothing with respect to the deeds, i.e can I initiate a change in the Deeds? What would happen upon his death if nothing has been changed, where would this leave me if I am not cited in the Charge Register of the deeds. Can I initiate legal action to force his to change the deeds?

Just as an additional note, it does state in my Mothers Will that “If all my executors are unable or unwilling to act ....I appoint my daughter as my substitute executrix and trustee.

Your mother must have been worried about their behaviour to put that clause in the will. It's a shame she didn't make your her executor because this mess is going to cost money to put right.

You need some legal advice. If a letter from a solicitor doesn't make them comply with their legal duties, you'll have to get them removed as executors.

madbadrob

The fact there is a will means he does have to act as executor or at least renounce the position. The fact your mums share is placed in trust for you is basically saying that the house share is not yours and depending how it is worded never will be.

He is right that the joint accounts become his and his alone. I am not sure about the shares although again because these exist means probate would be required for him to be made sole owner of the shares.

You have in this instance and in my opinion done the right thing with the three of you going to see a solicitor.

That last line will be important because if he and or his daughter say they wont act on the will you can take over.

On another note I wish people wouldnt do mirror wills because after one dies there is nothing to stop the other changing their will

Rob

nxdmsandkaskdjaqd

madbadrob wrote: »

On another note I wish people wouldnt do mirror wills because after one dies there is nothing to stop the other changing their will

Rob

Thank you for your reply. I have thought about this, for both of us, in the past and just wondered what the alternative was?

dzug1

madbadrob wrote: »

On another note I wish people wouldnt do mirror wills because after one dies there is nothing to stop the other changing their will

Rob

Not sure I see exactly what is wrong with that. Their circumstances have changed and the old will may no longer be appropriate.


One answer is a trust - but that is not without its share of problems


But that's another subject.

getmore4less

Jinx wrote: »

I am sure someone will advise properly but there will definitely be action required. Because if not when your stepdad dies it would all pass to his daughter thereby cutting you out which is what your mum was ensuring did not happen.

if they do nothing.

The land reg will have still have tenants in common

The trust came into existence on death with that share of the house.

on the step dads death his share will become part of his estate the other part is still in the trust.

Both estates would then need to go through administration.

Loads of other issues like the terms of the trust and maintenance.

getmore4less

madbadrob wrote: »

On another note I wish people wouldnt do mirror wills because after one dies there is nothing to stop the other changing their will

Rob

What alternative do you propose?

madbadrob

getmore4less wrote: »

What alternative do you propose?

I really dont have a proposal. The fact is mirror wills rely on the partner who survives not changing there will. I concede that in many cases this doesnt happen however where there are step families involved the chances are this will happen. In the OP's case what was to happen should the step sister now subtly or not so subtly coerce the step dad into changing his will there is not a lot that the deceased partner can do to protect her blood children.

If there was a change to the law that made mirror wills unchangeable then this would help however I can now see lots of problems with this as well

Rob

Savvy_Sue

nxd, although the 3 of you are going to see a solicitor together, you need to be aware that if your stepdad and stepsister don't want to play nicely, you'll need to instruct separate solicitors: you can't all use the same one. Nothing to stop you instructing THIS solicitor if you made the appointment and get your 'claim' in first, and obviously far more sensible for the three of you to hear advice all at the same time, and hopefully this will do the trick. But if it doesn't, since you'll have different interests you'll need different solicitors.

Is this the solicitors who drew up the will? That should help, because they will be clear about what your mother's intentions were, and why.

As for the mirror will thing, there's no easy way round it. I could leave all my assets to my children if I pre-decease their Dad, but then what if that leaves him stony broke? Obviously I hope they'd help him out, but if any of them are claiming means tested benefits then they won't be able to because that would be deprivation of assets. Which leaves trusts ...

getmore4less

madbadrob wrote: »

If there was a change to the law that made mirror wills unchangeable then this would help however I can now see lots of problems with this as well

Rob

There is already an option that does this, no need for a change in the law.