Will problems

RHYSDAD

Thanks for all your advice

geminilady

So who owns the home?does the will state he lives in it until he dies then it goes to someone else?no matter what you think of him it was your mums wish that is why she made the will.I do not think you will be able to do anything until/if he lets the house go to rack and ruin.

Counting_Pennies_2

I think you are being a bit harsh. She chose to marry him and if she was of sound mind you need to accept her wishes.


If she stated he was to remain living in the property rent free until he too dies, then they are the wishes you have to agree to.


She has basically said part of her estate (the house) is going to be delayed coming over to the recipients of her estate.


Offering for a surviving spouse to remain in the house is perfectly reasonable.


I would suggest you try to keep cordial relations with this man

BigAunty

I'm surprised a solictor drew up a will that had those kinds of micro-managing conditions in it to grant him permission to continue to live there.

Who exactly inherits the property? You mention you are executors but who actually will own the property once the will has been executed?

Also, I found your post very hard to read - paragraphs, please.

geminilady

RHYSDAD wrote: »

It doesn't pass to him thankfully and yes, he can stay there until he dies PROVIDING he meets the conditions of the upkeep, bills etc etc which we don't think he will. He drinks at least a bottle of spirits a day. Changing the locks is not within the terms of mums will, my Brother as co-executor, needs access to her home to monitor what he's doing. When he dies it passes to us children.

Well you can't blame your stepfather for not wanting someone coming into his home whenever they feel like it it is an invasion of privacy,as the will states he has to maintain the property ask your solicitor how you can monitor it,maybe if your brother can manage to stay on" friendly" terms with your stepfather he will let him in.

geminilady

BigAunty wrote: »

I'm surprised a solictor drew up a will that had those kinds of micro-managing conditions in it to grant him permission to continue to live there.

Who exactly inherits the property? You mention you are executors but who actually will own the property once the will has been executed?

Also, I found your post very hard to read - paragraphs, please.

the OP has posted that after the stepfather dies the propert goes to the children

whitewing

As the will makes provision for him, you may have to assume that your mum had all the legal pitfalls pointed out to her and still chose to go along this route.

sulphate

geminilady wrote: »

Well you can't blame your stepfather for not wanting someone coming into his home whenever they feel like it it is an invasion of privacy,as the will states he has to maintain the property ask your solicitor how you can monitor it,maybe if your brother can manage to stay on" friendly" terms with your stepfather he will let him in.

Indeed. Why should brother be allowed to access the property any time he wants just to "check up" on him?

OP, putting the legalities aside, if you do manage to force a sale where exactly do you expect the stepfather to live?

theoretica

RHYSDAD wrote: »

It doesn't pass to him thankfully and yes, he can stay there until he dies PROVIDING he meets the conditions of the upkeep, bills etc etc which we don't think he will. He drinks at least a bottle of spirits a day. Changing the locks is not within the terms of mums will, my Brother as co-executor, needs access to her home to monitor what he's doing. When he dies it passes to us children.

What exactly does the will say - has it passed to you children already but he is permitted to live there? I think you need to step back and accept that the house will come to you eventually, but in less good condition. And work with your solicitor to ensure that it is clear on the deeds that it is not his house and he can't sell it or secure debts against it. And make sure the bills are all in his name so his not paying them won't affect you.

lilmissreading

I'd think carefully before contesting the will. I imagine this will cause a lot of stress for sure and I am not sure how much this will cost you? Plus on what grounds? Until he breaks the conditions you're stuck I'd say. You can't go to court to say he changed the locks and drinks a bottle of whiskey a day as that is unlikely to change the status quo.

My mum remarried last year and hasn't made a will yet so if anything happens to her, myself and my brothers will get nothing. She knows about this and is of sound mind etc so I have to accept that this is her choice to make. Any decison she makes regarding her money and possessions is entirely her right and I can't decide she has made an unwise decision however she leaves her affairs.

I suspect you might be stuck with the situation until this gentleman dies. I'd count yourself lucky the house wasn't willed out of the family entirely and accept it's going to be a frustrating time for you all.

What's fair and what's legal are all different things. I can understand it doesn't feel fair but it certainly sounds legal.

Mojisola

RHYSDAD wrote: »

it basically states that the husband can stay in her home (mortgage free btw) as long as certain conditions are met. He has to maintain it in an orderly way, pay all the bills, keep the house in good order etc etc.

Our solicitor is our old Neighbour and is doing all he can to help us and is advising us to get us to document the actions this person is taking and we are going to, legally, contest her will and null any claim he thinks he has.

I would be very cautious about this.

As they were married, if she had not left him the right to stay in the home, he could have contested her will and would very likely have won rights to the house.

By giving him the right to stay in the house but no ownership over it, your Mum has protected your interests. By including the clauses that he's unlikely to comply with, she has given you a get-out clause.

Document the house as it is now (with photos) and your brother, as executor, can insist on regular checks at reasonable intervals. He also has every right to have keys to the property but I would suggest acting like a landlord and agreeing times to visit with your mother's widower rather than just turning up. Keep to the moral high ground and don't give him the opportunity of saying you have all harassed him or tried to force him out of the house.