Life after probate

getmore4less

Ap_hazard_42 wrote: »

In what respect? What details do I need to post? The whole will? Or certain words? Its a lot to post.

perhaps start with a summary but this charge situations seems unusual.

The exact wording will be important for some of the detail, some will be standard will waffle.

The thing that stands out to me is you say the property she has been left is 1/2 the estate but has a charge.

To be exactly 1/2 and a charge seems unusual.

The other thing is you seem to think 6 months is long enough but until the charge is sorted it will continue for some time.

dzug1

Another approach - and I'm not sure how possible/difficult it would be in reality - is to persuade the charge holder either to waive the charge or to carry it forward so your mother gets the house with the charge still in place

getmore4less

I have re read the post and there is little info/facts to try and work out what is happening to the estate, how big is it who is getting the distributions, why there is a charge on the property she is a beneficiary of, is this her home or some other property? even that is not clear.

If as you say she is unable to manage had she been dependant on her husband
have you looked at a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).

Ap_hazard_42

getmore4less wrote: »

You can't get any help here until you say exactly what the will says.

I'm not sure I feel comfortable placing my fathers will on an open forum. I'm sorry dad. But I need my mum to be happy and if this helps. I have not mentioned names or addresses so here goes



Name address revoke former wills and declare

1. I APPOINT - name address of two people ( herein after called " my trustees") to be the executors and trustees of this my will.!

2.I DIRECT that the firm ***********, !********* and ******** and address or successor shall be the solicitor who shall be instructed to advise my trustees and administer my estate.!

3. I GIVE AND DEVISE my land comprising of * acres to whichever survive me.Names and addresses aforesaid and both shall survive me then equal shares absolutely .!

4. I GIVE AND DEVISE *********** ********* house and buildings to my wife ********* and address aforesaid for her own use and benefit absolutely.

5. I DIRECT that the organisation of the sale of my machinery , stock etc shall be administered by **** ********* ********* and addresses.

6. I GIVE and bequeath the following peculiarly legacies free from all duties and taxes ( if any)

Leaves 8 amounts of money, !name and address.!

7. I GIVE DEVISE AND BEQUEATH all my real and personal estate whatsoever and wheresoever ( not herein before specifically referred to) UNTO my trustees UPON TRUST to sell call in and convert the same into money with power to postpone such sale calling in and conversion during such period as my trustees shall in their absolute discretion think fit without being responsible for loss and after payment thereout of all my just debts funeral and testamentary expenses duties and taxes ( if any) to stand possessed of the net residue ( herein after called " my residuary estate")

UPON THE FOLLOWING TRUSTS:

Shares residue estate between 6 people. All own use and benefit . 3 grandchildren with age restriction.!

PROVIDED ALWAYS that if any legacy in clause 7 of this my will shall for any reason fail then I DIRECT that such legacy shall form part of my residue estate and shall be distributed equally between the remainder of my residuary beneficiaries

IN WITNESS whereof I have hereunto set my hand this signed dated and witnessed.!

Ap_hazard_42

getmore4less wrote: »

I have re read the post and there is little info/facts to try and work out what is happening to the estate, how big is it who is getting the distributions, why there is a charge on the property she is a beneficiary of, is this her home or some other property? even that is not clear.

If as you say she is unable to manage had she been dependant on her husband
have you looked at a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).

She is not elegiable for a claim on above as she has been left a little over half the value of the estate. We were advise by our solicitor that it would cost a lot and she may come out of situ with poorer. 6 months as now lapsed after probate.

Ap_hazard_42

dzug1 wrote: »

Another approach - and I'm not sure how possible/difficult it would be in reality - is to persuade the charge holder either to waive the charge or to carry it forward so your mother gets the house with the charge still in place

The bank will not speak to my mum as she is not a executor. We cannot find out any information . We have asked question to my fathers solicitor and executors and they have not replied.

getmore4less

The key is why is the debt that has resulted in the charge(presumably on the property in 4) not been paid from the residual (7).

Unless there are more words with 4, what did your solicitor interperate the clauses to mean for the debt/charge.

I asume that 3 and 4 are two totaly seperate propertie/land andthat 5 falls into the residual.

Ap_hazard_42

Hi, my fathers solicitor wrote to our solicitor " there was a mortgage in favour of ************* bank on the security of the house. There was no provision in the will for that mortgage to be discharged out of any other fund and it therefore falls as a debt against the property on which it was charged. It would mean that technically **** ( being my mum) would owe 30,000 to the residue estate. This in turn will be divided between the residue beneficheries"

Our solicitor as asked for the testamentary notes which we are still waiting for.

No more words in 4, we received the letter above about the charge. The charge is not mentioned in the will. 4 is my mums house not a seperate piece of land and 3 is another piece of land not given to my mum or myself. 5 forms part of the residue .

getmore4less

Regarding the liability of the mortgage debt not belonging to the residual estate

I would try a specific question on this issue on another site where there are active probate solicitors so get another opinion.
try this one.
http://boards.fool.co.uk/wills-probate-practical-51094.aspx

Ap_hazard_42

getmore4less wrote: »

Regarding the liability of the mortgage debt not belonging to the residual estate

I would try a specific question on this issue on another site where there are active probate solicitors so get another opinion.
try this one.
http://boards.fool.co.uk/wills-probate-practical-51094.aspx

Thanks have reposted but unsure of format of website/ forum


Hope I've done it correctly. Thanks for any help I have received