Unusual Executor of will Query re tenancy in common

getmore4less

I can't see any problem with the personal belonging house contents etc being worked on now, any funds raised or costs are all from the same single pot anyway.


Bit silly of them cancelling the insurance as most insurance companies let the policies roll over with minor changes we got a refund on one because all the accidental cover was taken off, cancelling often uses up any remaining credit.

I would phone the old company up and talk to them, the cousin had no rights to cancell the old policy.

The old policy should have had the other owner as an interested party to the insurance as should nay new policy.

Definately sort out the new insurance if there are errors make it clear that they are not to comunicate with the cousin

Take pictures of everything in the place so you have evidence if anything else goes missing.

If stuff is going missing consider involving the police , allthough they have the back/get out of " we were removing items for save keeping" and they just reappear.

If there is a lot to do in the place anyway you could move in on a temporary basis to speed up sorting out, might also make disposal easier because freecycle people will take just about anything but needs people there and it is a good idea to have it looking like it is lived in.

It would seem the get it sold will be the best course of action, anywhere you could move the contents to sort out later.

The place does not have to be empty to get on the market at least that will get the ball rolling and may be best anyway.

You can do this before probate comes through.

Land_Registry

Many of the questions you are raising are outside my remit but as far as the property is concerned it is important to understand that the legal ownership is invariably quite separate from the beneficial one.

I am assuming the property is registered and is in England & Wales as you mention it being transferred 12/13 years ago. If so is it registered in the joint names of your late father-in-law and his sister-in-law only?

This may be crucial in understanding what could happen here as whilst the will/probate are important the legal title/ownership, as registered by us, is quite separate from the beneficial ownership, namely the estate/property/sale monies etc

Crabapple

Agreeing with Getmore - you can clear and you probably should as soon as you can if they are accessing the property. You can also remove any valuables to somewhere safer (like your own home). They should be valued to be included in the Estate.

Given the circumstances it would seem unlikely that there are any household contents that would belong to the aunt anyway, so there is no reason why her family should be involved in clearance. Perhaps it would be best to ask formally whether she did have anything left there.

If your Solicitor holds the documents perhaps ask them to contact the co-owner. Explain that you are applying for Probate so that the house can be sold but that any sale will also need her agreement. I know it's a faff but that might be a simpler way of getting the legal issue across than you trying to explain, and without having to instruct someone to deal with this as a contentious probate issue.

The cousin clearly thinks she knows how this works, but she's wrong and she's obviously not taking what you are saying on board. An approach from the angle of you've taken advice and the Executor and her mother need to sign everything and you all need to work together on this perhaps first? It's in everyone's interests to get it sorted and the property sold.

By the sounds of things clearance could take a while, but you don't actually need the Grant of Probate to start marketing - you just need to be able to produce it at the time of exchange which would be a few weeks down the line even if a buyer was found immediately.

Perhaps you could get an Estate Agent in yourselves, ask them to value the property and give some advice on what would be the best way to sell the property - ie standard or sale by auction. Provide a copy of this to the other family to promote discussion.

getmore4less

Is the issue that the SIL has had to wait 25 years to access one of her husbands assets.

What was in the brothers will particularly relating to life interest and maintenance.
might be there is something you can use to leverage to get them to back off.

Was there ever a mortgage?

why was she never bought out?

don't have to answer just exploring potential angles.

MrsGrace

Land_Registry_representative wrote: »

Many of the questions you are raising are outside my remit but as far as the property is concerned it is important to understand that the legal ownership is invariably quite separate from the beneficial one.

I am assuming the property is registered and is in England & Wales as you mention it being transferred 12/13 years ago. If so is it registered in the joint names of your late father-in-law and his sister-in-law only?

This may be crucial in understanding what could happen here as whilst the will/probate are important the legal title/ownership, as registered by us, is quite separate from the beneficial ownership, namely the estate/property/sale monies etc

Yes to both - as in England and in joint names of FIL and his SIL. Thank you for your hep.

MrsGrace

getmore4less wrote: »

Is the issue that the SIL has had to wait 25 years to access one of her husbands assets.

What was in the brothers will particularly relating to life interest and maintenance.
might be there is something you can use to leverage to get them to back off.

Was there ever a mortgage?

why was she never bought out?

don't have to answer just exploring potential angles.

Thanks and good questions - my FIL had the right to live in the property for life as per his mother's will (his brother predeceased their mother). She was never bought out as my FIL retired early due to health grounds that meant he was on a very restricted pension.

In terms of them wanting to get at the asset I do understand that - to be honest we do too - but we had grief over this even at the funeral! And since then we just get constant instructions but no responses to questions where there should be negotiation.

MrsGrace

Crabapple wrote: »

Agreeing with Getmore - you can clear and you probably should as soon as you can if they are accessing the property. You can also remove any valuables to somewhere safer (like your own home). They should be valued to be included in the Estate.

Given the circumstances it would seem unlikely that there are any household contents that would belong to the aunt anyway, so there is no reason why her family should be involved in clearance. Perhaps it would be best to ask formally whether she did have anything left there.

If your Solicitor holds the documents perhaps ask them to contact the co-owner. Explain that you are applying for Probate so that the house can be sold but that any sale will also need her agreement. I know it's a faff but that might be a simpler way of getting the legal issue across than you trying to explain, and without having to instruct someone to deal with this as a contentious probate issue.

The cousin clearly thinks she knows how this works, but she's wrong and she's obviously not taking what you are saying on board. An approach from the angle of you've taken advice and the Executor and her mother need to sign everything and you all need to work together on this perhaps first? It's in everyone's interests to get it sorted and the property sold.

By the sounds of things clearance could take a while, but you don't actually need the Grant of Probate to start marketing - you just need to be able to produce it at the time of exchange which would be a few weeks down the line even if a buyer was found immediately.

Perhaps you could get an Estate Agent in yourselves, ask them to value the property and give some advice on what would be the best way to sell the property - ie standard or sale by auction. Provide a copy of this to the other family to promote discussion.

Thanks - we have been clearing the absolute junk (of which there is much) - part of the problem is that there is dispute re removal of junk even - given the state of repair of the house we want to talk to estate agents and auctioneers to discuss a "sold as seen" situation. She is adamant on us clearing the property IMMEDIATELY (ie we have been asked why it is not already empty)and doing the garden. To give context he was a hoarder and has lived in this house since 1945. We need some time to even clear the worst of it - there are broken beds and furniture up to the ceiling! We are doing what we can but it cannot happen instantly and she seems to think that she can command quite unreasonable timescales and will not discuss selling at as sold as seen - which given the state of the property is quite odd.

Before the death of my FIL but when it was inevitable we were discussing next steps with one of her siblings who had been in the property adn he agreed that clearing it would be a herculean task and would take time - but she seems to listen to no-one.

getmore4less

Ok now getting complicated as the house was probably in a trust on the mothers death who are the trustees?

the wording of the wills especially the mother(if sole owner at her death) be critical

MrsGrace

getmore4less wrote: »

Ok now getting complicated as the house was probably in a trust on the mothers death who are the trustees?

the wording of the wills especially the mother(if sole owner at her death) be critical

No it was not in trust - they just did not execute the will.

getmore4less

AIUI a life interest in a will sets up a trust.