Will - Stubborn Stepfather - Tenants in Common

madbadrob

getmore4less wrote: »

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

Really, care to point me to it because as I understand it so long as you are of sound mind you can change your will at any time.

The only option I can think of that would make mirror wills worthwhile would be for the gifts in the will be made into trusts until such time the partner who lives longest dies then they are to be distributed as per the will the trusts were conceived from

Rob

Mojisola

Apart from setting up trusts, there's the option of a mutual will.

https://www.hmrc.gov.uk/manuals/ihtmanual/ihtm12063.htm

nxdmsandkaskdjaqd

Savvy_Sue wrote: »

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.

Sue, yes it is the same solicitor who drew up the will. They were holding the will, but were not instructed to act upon it. This was drawn up 02/2012, up until that point the property went to me after my step dad's death, with my step-sister and step-brother only getting a token amount of money. But Mum asked me if I was ok with her changing the will, as she had been married to my step dad for nearly 30 years and felt he should be able to leave his children something upon his death.

Savvy_Sue

Your mum had clearly thought about this then, and hopefully talking to the solicitor will clarify the situation in your favour. Come back if it does not seem to help!

nxdmsandkaskdjaqd

getmore4less wrote: »

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.

So in summary of the above. When the stepfather dies, the Land Reg will be looking for ownership details and wills. This will alert them to the trust that my mother set-up. Whilst not ideal, it does mean that matters will come to light. Right?

getmore4less

madbadrob wrote: »

Really, care to point me to it because as I understand it so long as you are of sound mind you can change your will at any time.
Rob

Not the case with the option that fixes the problem you pointed out( that a mirror will can be changed).

kindly pointed to by Mojisola.

getmore4less

nxdmsandkaskdjaqd wrote: »

So in summary of the above. When the stepfather dies, the Land Reg will be looking for ownership details and wills. This will alert them to the trust that my mother set-up. Whilst not ideal, it does mean that matters will come to light. Right?

Should do, as long as the will can still be found so make sure you keep records.

As the will says you can act if they are unable or unwilling to do so that may be a course of action that will force the situation.

Mojisola

nxdmsandkaskdjaqd wrote: »

So in summary of the above. When the stepfather dies, the Land Reg will be looking for ownership details and wills. This will alert them to the trust that my mother set-up. Whilst not ideal, it does mean that matters will come to light. Right?

It would be better to get it sorted properly now. If someone is willing to be underhand, the property could be sold or passed to someone else before your stepfather dies.

Untangling a problem is going to be much more expensive than getting things done right now.

Also - just to be cheerful - think about what would happen to your inheritance from your mother if you should die before your stepfather. Do you have a will?

rpc

nxdmsandkaskdjaqd wrote: »

So in summary of the above. When the stepfather dies, the Land Reg will be looking for ownership details and wills. This will alert them to the trust that my mother set-up. Whilst not ideal, it does mean that matters will come to light. Right?

Not necessarily. If stepfather dies, you risk finding that the whole house has gone to his heirs after it is too late to do anything.

Was probate granted? Are you certain that the house was owned as tenants in common?

If it is as you describe and the solicitor doesn't "clarify" things for them then you will need to resort to legal action.

nxdmsandkaskdjaqd

rpc wrote: »

Not necessarily. If stepfather dies, you risk finding that the whole house has gone to his heirs after it is too late to do anything.

Was probate granted? Are you certain that the house was owned as tenants in common?

If it is as you describe and the solicitor doesn't "clarify" things for them then you will need to resort to legal action.

Yes house owned as Tenants in Common, wills made up and land registry dealt with a year ago. Land registry details say:
"Restriction: No disposition of a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court" Whatever that means!