before probate

g6jns_2

CLOUDS wrote: »

Thanks for all advice.
Just to clarify. There is no will. It was my father's property. I live at the property and did before my father died. So that's my interest. Also as mentioned that as executor I am under legal duty yo hand over half to someone that has never contributed? This is my struggle. I won't. I think that I can challenge this if I become executor? Bit I am not sure. Apologies as administrator.

If there is no will then someone needs to apply for letters of administration. The person who does this has no choice but to distribute the estate accoring to the rules of intestacy. They have no discretion in thematter. In other words if you are unwilling to do this then you should not apply.

nom_de_plume

Presumably the same property? - https://forums.moneysavingexpert.com/discussion/comment/60516463#Comment_60516463

Mojisola

nom_de_plume wrote: »

Presumably the same property? - https://forums.moneysavingexpert.com/discussion/comment/60516463#Comment_60516463

If it is, then the house was owned as TIC by the father and his brother. The father's new wife will inherit his half.

Unless CLOUDS can challenge the new wife's share on the basis that his father was financially supporting him, he has no rights to the house or anything from its sale.

CLOUDS

Thanks all. I am a she bot a he. Any way yes it is the same property. And I am sure that there is a way to challenge Tic. Does any one know?

Savvy_Sue

CLOUDS wrote: »

Thanks all. I am a she bot a he. Any way yes it is the same property. And I am sure that there is a way to challenge Tic. Does any one know?

Why are you sure? Because you want it to be so? Have you not taken legal advice yet? Seriously, there are too many issues involved for anyone here to get even a small grasp and begin to advise you.

g6jns_2

CLOUDS wrote: »

Thanks all. I am a she bot a he. Any way yes it is the same property. And I am sure that there is a way to challenge Tic. Does any one know?

From what you have said in this thread and the previous one it sounds very unlikely that you are entitled to anything from the property. Unfortunately that is just how life is sometimes. Perhaps you should go and get some counselling to help you come to terms with this. Repeatedly asking on here is unlikely to help you any further.

CLOUDS

Has anyone had experience of a tenant in common passing away and the surviving tenant never contributing financially to the property....?
And the administrator or executor challenging the share that the surviving tenant in common is entitled to?

In reply to posts above it is complicated. ... very. However this is why I ask this just one question above now to see if anyone can answer.

And I have had legal advice.

Thank you.

g6jns_2

CLOUDS wrote: »

Has anyone had experience of a tenant in common passing away and the surviving tenant never contributing financially to the property....?
And the administrator or executor challenging the share that the surviving tenant in common is entitled to?

In reply to posts above it is complicated. ... very. However this is why I ask this just one question above now to see if anyone can answer.

And I have had legal advice.

Thank you.

The executor's or administrator's function is to administer the will. They have no right whatsoever to vary the way the estate is distributed except is specific circumstances such as there being a deed of variation for example. Indeed it is illegal for the executor to distribute the estate other than strictly in accordance with the will, intestacy rules, or any changes allowed by law. Whatever the executor may think about the rights or wrongs of who benefits they have no right to change it. It makes no difference if the surviving tenant contributed to the cost or not. Is the legal advice you have had different from what has been said on here? If so what is that advice? Unless there is some factor not mentioned here...... I am well aware that this is a difficult situation but this, and the previous thread on the same subject has now gone on for a year. However difficult in may be you need to accept the situation and move on.

dzug1

CLOUDS wrote: »

Has anyone had experience of a tenant in common passing away and the surviving tenant never contributing financially to the property....?
And the administrator or executor challenging the share that the surviving tenant in common is entitled to?

.

Remember (I'm sure you know anyway) there's a difference between challenging and challenging successfully

Mojisola

CLOUDS wrote: »

Has anyone had experience of a tenant in common passing away and the surviving tenant never contributing financially to the property....?

And the administrator or executor challenging the share that the surviving tenant in common is entitled to?

It doesn't matter that the surviving tenant didn't pay anything towards the property. The share that is in the tenant-in-common's name is theirs, nothing can change that - any share that they are entitled to from a will or under the intestacy rules is also theirs.

The executor/administrator can't refuse to pass the ownership over.

The only challenge to an estate would be if someone had been financially supported by the deceased and hadn't been left a reasonable share of the estate.