Inheritance / Retirement

SpuddyMcFuddy

Hello,
I honestly don't know where I can post this, this forum sounded the closest - so here goes.

It's a long tedious story, but my wife's uncle has lived in his home with his parents for 60 years. His mum, my wife's grandma, died about 20 years ago and since then his dad remarried.
He has been married about 5 years now and it appears as if her family and -possibly- her may have wanted him for his money, he has a very good pit pension.
He is now very poorly and living in a care home for the past week, they have stated my wife's parents as next-of-kin rather than themselves - which doesn't bode well, and haven't paid anything.

My concern however is my wife's uncle. IF he has altered his will so that everything now goes to his wife, which I'm not completely convinced he has, but can they remove him from the house?
If the house does -technically- go to her, can they remove him?

It seems somewhat bizarre if he's lived there his entire life?

Any help and advice would be hugely appreciated in this.

xylophone

http://www.stoneking.co.uk/literature/e-bulletins/next-kin-human-rights
may be of interest.

If your uncle's stepmother has been left the house in her husband's will, and no life interest or right of residence clause has been written in to protect the uncle, presumably she could choose to sell it, or request him to vacate the property after her husband's death.

I suppose that uncle could turn to the courts on the basis that in his circumstances (perhaps he has cared for his father/supported him etc), provision should have been made.

If the wife is left the property, as your uncle is over 60, and if his means are such that the purchase of a property is beyond them, it may well be that he could turn to the local council/housing association for assistance?

Incidentally, are you sure that your uncle did not inherit any maternal interest in the property?

dunstonh

IF he has altered his will

Did he have a Will?
Was it made before marriage or after marriage?

Keep_pedalling

dunstonh wrote: »

Did he have a Will?
Was it made before marriage or after marriage?

This is very important to establish, any will made before his second marriage, will have been invalidated by that marrage unless that will was made in anticipation of marriage

So if he failed to make a new will either after he married or immediately before in anticipation of marriage, then he would die intestate, meaning the majority of his estate would go to his wife.

If he is of sound mind then he should certainly get a valid will sorted as a matter of urgency.

SpuddyMcFuddy

He has made a second will. Post marriage, it does - allegedly - make provision for her Uncle, however, he is well and truly smitten with his new wife and seems that he'd do practically anything for her and her family. So it may have been altered since, I honestly don't know.

Feels pretty horrible to be honest. Can't believe that people would do things like it really.

In essence, if in his will it goes to her - he is kicked out no matter what, whether he's lived there 60 years or not?

Malthusian

If your uncle-in-law's lived rent-free for 60 years (~40 years of adult life) then his mother and father have already been very generous and loving parents. (You don't mention whether he paid rent or not, so apologies if I have been presumptuous.)

We are not in a position to know whether your fears about your uncle's stepmother and her family are well-grounded or not. Has your uncle asked to see the new Will? His dad is quite entitled to leave his house to his wife of five years, but if so your uncle needs to know so he can plan his future, and should therefore feel perfectly able to ask what is in the Will, and to exactly what extent he is provided for, without worrying about whether he sounds grasping.

Presumably uncle, his father and his stepmother were living quite happily in the house together for five years? Is there any particular reason to believe the stepmother will kick him out?

If the Will leaves him nothing then the Inheritance (Provision for Family and Dependants) Act 1975 may come into play, but I think it is a little premature to go down that road.

xylophone

In essence, if in his will it goes to her - he is kicked out no matter what, whether he's lived there 60 years or not?

See post 2 and 6 above.

He has made a second will. Post marriage, it does - allegedly - make provision for her Uncle, however, he is well and truly smitten with his new wife and seems that he'd do practically anything for her and her family. So it may have been altered since, I honestly don't know.

In one sense, it is not your concern but it seems that your wife is fond of her uncle and worried about his welfare.

Is the uncle in any way vulnerable? Otherwise, he can deal with matters in his own way? He could discuss matters with his father assuming that Dad is still capable - or your wife might approach her grandfather?

Mojisola

SpuddyMcFuddy wrote: »

He is now very poorly and living in a care home for the past week, they have stated my wife's parents as next-of-kin rather than themselves - which doesn't bode well, and haven't paid anything.

It doesn't matter who has been named as NOK - payments for the care home will have to come from your grandfather's income and savings. Your wife's parents are not responsible for any payments.

SpuddyMcFuddy

My wife's Uncle has been living on his own at the house since he got married, he left that house and moved in with his wife in the neighbouring town.
The thing that frustrates me is the fact that she doesn't live there, it's not 'her' house at all - she's never lived there. She just wants the money when my wife's granddad passes away.

I wondered if, because she's never lived there and he's lived there all his life, that made any difference?

xylophone

I wondered if, because she's never lived there and he's lived there all his life, that made any difference?

You seem to be asking the same question over and over again and the answer doesn't change.

Is the uncle in any way vulnerable that you are so concerned?

Malthusian

SpuddyMcFuddy wrote: »

My wife's Uncle has been living on his own at the house since he got married, he left that house and moved in with his wife in the neighbouring town.
The thing that frustrates me is the fact that she doesn't live there, it's not 'her' house at all - she's never lived there. She just wants the money when my wife's granddad passes away.

I wondered if, because she's never lived there and he's lived there all his life, that made any difference?

Read up on the Inheritance (Provision for Family and Dependants) Act 1975. If he is completely cut out of the will then he may have a case but he would need professional advice.

First step is for your uncle to ask his father exactly what provision has been made for him. Or if his father is too ill, to obtain a copy of the Will in some other way. If in fact the Will does make reasonable provision for him, bearing in mind that if he has lived rent-free for 40 years (you didn't say) he could have bought his own place with the money he saved, twice, then there isn't much reason to worry about it.

If he is unwilling to ask his very ill Dad what's in his Will because it's too cynical, then that's understandable. But he should start thinking about what he is going to do in the worst case scenario. He should have asked the question earlier but hindsight is 20/20.