Wrong house named in will

old_fat_biker_bloke

Still new to this so please be nice...

My mum (78) was with her partner (not my father) for over 27 years - he died earlier this year....

He did not have a good relationship with his two children and left them 20% each the value of his house upon sale so 60% to my mum

BUT when he moved house he didn't change his will which specifically named his previous house, number and road...

His kids are contesting despite it being obvious what his wishes were - I understand English law does not deal with 'intent'...

Has anyone else been down this road? What did you do and how did it turn out? My mum is sick with worry, she could well do without this at her time of life....

Thanks!!!

monty-doggy

Were they married?

old_fat_biker_bloke

No they never married - They each maintained their own home. Some may find it odd but it worked for them.

Mojisola

old_fat_biker_bloke wrote: »

He did not have a good relationship with his two children and left them 20% each the value of his house upon sale so 60% to my mum

BUT when he moved house he didn't change his will which specifically named his previous house, number and road...

His kids are contesting despite it being obvious what his wishes were - I understand English law does not deal with 'intent'...

"Contesting it" by complaining or by challenging the will in court?

Usually if an asset is named in the will which is no longer owned by the deceased, the inheritance fails.

BJV

Can not help with the legalities but just wanted to say hope your mum is ok.

getmore4less

who are the named residual beneficiaries?

old_fat_biker_bloke

Mojisola wrote: »

"Contesting it" by complaining or by challenging the will in court?

Usually if an asset is named in the will which is no longer owned by the deceased, the inheritance fails.

Mum has been told by solicitor the will is invalid (because old home is specifically mentioned) and the children will get everything by default...

She's been offered a few £K only

System

The will isn't actually invalid but as Mojisola says the house bequest part of it will fail and the house will fall into the residual estate. I assume that the children get the residual after all (valid) bequests so Yes they will get the house.

This may not be what you wanted to hear but unfortunately that is the way it works.

old_fat_biker_bloke

getmore4less wrote: »

who are the named residual beneficiaries?

I cant remember 100% what it said but there were only three names - mum plus his son and daughter - said to the effect of

"to my dear friend (my mum) I leave 60% of the sum raised by the sale of (mentions specific address) and to my son and daughter 20% each"

I should mention it was a DIY will too, the kind you get from WH Smiths....

old_fat_biker_bloke

!!!!!! wrote: »

The will isn't actually invalid but as Mojisola says the house bequest part of it will fail and the house will fall into the residual estate. I assume that the children get the residual after all (valid) bequests so Yes they will get the house.

This may not be what you wanted to hear but unfortunately that is the way it works.

Oh dear... Then mum loses the lot.... The house was all he had really... Kind of harsh on her....:(

nom_de_plume

getmore4less wrote: »

who are the named residual beneficiaries?

Very valid question. Does the will make provision for the distribution of any other assets? Bank accounts, premium bonds, car, etc?