Interpretation of my Mum's will

getmore4less

Mojisola wrote: »

But the point was that their Mum's partner had told them that they only owned a one-sixth share of the house each whereas they own the whole property.

They can't do anything with it until he dies or moves out but they do own all the house, not just a small share in it.

How do you know the mum owned all the house when she died?

Mojisola

Purplez wrote: »

The right for him to use it is on the condition that he 'pay the outgoings: insurance, repair and decoration and other matters as my Trustees shall think fit and upon the determination of the above interest I give the property or it's proceeds to my children'.

getmore4less wrote: »

How do you know the mum owned all the house when she died?

I don't but it would be odd to have the quoted clause if the house was mostly owned by the surviving partner.

It would be easy for him to prove that he owned 2/3rds of the house at the time of the OP's Mum's death so the other executor should ask for that evidence.

If the house was registered at the Land Registry, anyone can check the ownership - https://www.gov.uk/search-property-information-land-registry

Purplez - you can ask a solicitor to explain the will to you and ask what your aunt should be doing to fulfil her legal obligations as executor in checking that the house is being maintained.

I doubt very much that keeping a bike in the living room and having an old cooker in the hallway would count as problems. It might not be what your mother would have liked but neither should be causing damage to the property.

GDB2222

Mojisola wrote: »

I don't but it would be odd to have the quoted clause if the house was mostly owned by the surviving partner.

It would be easy for him to prove that he owned 2/3rds of the house at the time of the OP's Mum's death so the other executor should ask for that evidence.

If the house was registered at the Land Registry, anyone can check the ownership - https://www.gov.uk/search-property-information-land-registry

Purplez - you can ask a solicitor to explain the will to you and ask what your aunt should be doing to fulfil her legal obligations as executor in checking that the house is being maintained.

I doubt very much that keeping a bike in the living room and having an old cooker in the hallway would count as problems. It might not be what your mother would have liked but neither should be causing damage to the property.

Assuming the house was owned as tenants in common between mum and her partner, the land registry entry does not specify the proportions. Strange, but true!

Keeping the house repaired and decorated - that's very vague. That wouldn't preclude storing a bike in the living room and a stove in the hall. As the OP, I'd be concerned that the house is kept watertight, and the outside woodwork is kept painted to protect it. I'd assume that, by the time the partner dies, the inside will need to be completely refurbished.

It's up to the trustees to agree on this. If they can't agree, they can go to court, and the costs of the court case will come out of the estate.

getmore4less

Mojisola wrote: »

I don't but it would be odd to have the quoted clause if the house was mostly owned by the surviving partner.

why

I give my interest in the property.......

seem reasonable as it covers all possible % shares and allows them to change without changing the will.

The executors and trustees are failing to do their job properly if they don't know what they are trustees of..

Malthusian

GDB2222 wrote: »

Assuming the house was owned as tenants in common between mum and her partner, the land registry entry does not specify the proportions. Strange, but true!

As I understand it, it's quite possible for the ownership proportions to change from month to month (where two people are paying a mortgage and in doing so acquring beneficial interest) so the fact that the Land Registry doesn't record the proportions is merely true and not strange.

Agree 100% that the OP should assume the house will need to be completely refurbished when they eventually inherit it. After being lived in for 17 years plus however long the life interest has left to run, any house would need refurbishing even if it was inhabited by the most conscientious tenant in the world. If the OP thinks that owning a bike constitutes "abuse" then nothing the life tenant does is going to make them happy.

Land_Registry

Assume the OP will return to confirm the registered details so that we know whether in their jopint names and/or whether there is any restriction on the title referring to the trust they appear to have created.

If it was in joint names probate would not have been required to deal with the property as the legal ownership will have passed to the surviving owner.

If the trust was protected by for example a form A restriction then this would mean the surviving owner could not deal with the property for capital monies so could not, on his own, sell it for example.

The land register records the legal ownership. NOt the beneficial ownership as referred to in the will/trust. There may be an indication as to how the beneficial ownership arrangements impact e.g. a form A restriction but that is not definitive as to how the joint owners hold the property as JTs or TICs

I suspect, but hopefully the OP will confirm, the legal title is registered in their joint names