Will / Inheritance / Moving House

getmore4less

SpuddyMcFuddy wrote: »

Sorry for my lack of clarity, it was early when I posted it.
This is not a repost for new advice, hoping it's changed.
We've now seen the Will and the house has been left to my wife's Uncle. My question is this.
If we exchange houses, thereby buying the house that has been left to my wife's Uncle in the Will, then could there be any issues beyond that? As in, could they ask us to sell that house? Could they force my wife's Uncle to sell the house that he'd move to? All this is if the Will is contested, which we suspect not.
No additional Will was made post 7 years, which is the Will we've read.

from first thread
28/11/2016
He has been married about 5 years now

Are you sure this a will post marriage?

xylophone

Are you sure this a will post marriage?

The OP stated in his previous thread

He has made a second will. Post marriage, it does - allegedly - make provision for her Uncle,

In any event, there will be a date on the will which establishes pre or post marriage.

The executor now has to deal with the estate. If there is a challenge to the will, there are likely to be months (even years) of delay and I can't imagine there could be any question of exchange of properties in such an event.

However, one wonders whether grandfather's spouse would be advised that she had any grounds for such a challenge. Given the circumstances

(the house was in the sole ownership of her late spouse who had owned the property for over fifty years at the time of his remarriage and wished the "heir of his body" to inherit the family home where he had lived all his life), it seems unlikely?

Once the property has been transferred into the uncle's ownership, he can deal with it (sale/exchange) as he wishes.

SpuddyMcFuddy

I cannot deny, I'm not 100% sure when the Will was made, we just know it was around the time of his marriage.
However, from what I read, it sounds like because the house was his and he has stated that he wants the property to go to his child, then it should be ok, particularly considering the long history etc.
If she fought it, it would be unlikely - not impossible - that she would win?
And that once the house is signed over, then he can do whatever he likes with it anyway?

I don't think and indeed hope she won't incidentally, I'm just making sure I'm aware of what **could** happen.

gettingtheresometime

Depends whether the will was made before or after he was married and if it was before, whether it was made in anticipation of his marriage.


The house may have been his but, I think it all depends on whether the will was valid - and by that I don't necessarily mean signed & witnessed properly but the points I've mentioned above.


I wouldn't mind betting the widow does contest the will especially if she faces being thrown out on her ear.

getmore4less

gettingtheresometime wrote: »

I wouldn't mind betting the widow does contest the will especially if she faces being thrown out on her ear.

They(she) lived somewhere else.

SpuddyMcFuddy

Her grandad moved out with his new wife several years ago.
She lives elsewhere. She has no good reason to contest it, other than wanting the money.

Pixie5740

No good reason such as, "With this ring I thee wed, and all my worldly goods I thee endow...."

gettingtheresometime

D'oh!


I still wouldn't mind betting she contests the will ...assuming the will is valid

xylophone

I'm not 100% sure when the Will was made, we just know it was around the time of his marriage.

But you can see that this does make a difference to the situation?

If the situation is that Grandfather made a valid will "in anticipation of marriage" or after marriage bequeathing the family home he had owned for more than fifty years to the son who had lived there all his life, it seems to me that the bequest would be hard to challenge.

However, if the will was made before marriage and without the "in anticipation" clause, then it could have been invalidated by marriage so that the estate would fall to be dealt with under the rules of intestacy.

Presumably your wife's parent, as a child of the deceased, could check the situation with whoever is dealing with the estate?