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Problem with being left with part of a house in a will

Bakewell76
Posts: 5 Forumite
My father passed away four years ago. In his will he left me and my sister and 1/4 of the house with the remaining half being owned by my mother.
My mother is planning to sell the house soon . Is my mother legally obliged to follow the instructions of the will or is she entitled to sell the house on without consulting my sister or I ?
Is this something that would be picked up by the solicitor before the house is sold?
My mother is planning to sell the house soon . Is my mother legally obliged to follow the instructions of the will or is she entitled to sell the house on without consulting my sister or I ?
Is this something that would be picked up by the solicitor before the house is sold?
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Comments
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It will depend on the exact wording of the will. It's pretty common to have provisions which allow the surviving spouse to move if they want/need to - normally this would be on the basis that the new property is held on the same terms as the old, and if the new house is worth less than the old, the surplus can be distributed in accordance with the will.
Where a property is owned jointly, it is almost always possible for any one of the joint owners to require a sale.
What do you want? Are you happy for your mum to move as long as you don't lose out in the long term, or are you deeply attached to the house itself and don't want it to go out of the family?
Who was the executor to your dad's will?All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Yes, it may get picked up, but i wouldn't rely on it. As Bagpuss says, it depends on the wording - and it is more or less likely to get picked up depending on what is on the Land Registry (which you can view for a small fee)
And what you can do about it depends on the exact terms - have you seen the will? As you are asking, I'm guessing you may not have done. Hoping the relationship with your mum is such that you can see the will - if not you can request a copy, assuming it has gone through Probate.
If it is a very simple will, you my find that few provisions have been made, and it may be up to the 3 of you to sit down together and sort it out. How you do that depends on the money involved, what everyone's hopes and expectations are, and your relationship. Lots of expertise on here if you post more detail (no need to post anything identifying)0 -
Bakewell76 wrote: »My father passed away four years ago. In his will he left me and my sister and 1/4 of the house with the remaining half being owned by my mother.
Is this something that would be picked up by the solicitor before the house is sold?
Are you registered as owners of the property with the Land Registry?0 -
I!!!8217;m happy for the sale of the house, I!!!8217;m just concerned about protecting my long-term investment in it. My mum is on about downsizing and using some of the profits to renovate the new property.
I had the idea of investing my part of the house once my mum moved out.I!!!8217;m concerned where I stand in relation to this as it is a sensitive issue and I do not want to cause a family rift.
Unfortunately I do not have a copy of the will, I have been told that as my mum is this sole executor of my dad!!!8217;s will I would not be able to obtain a copy of it from the solicitor unless my mother provided consent. At this stage I am trying to understand my position without upsetting my mum.
Would I be able to obtain the exact wording of the will from the solicitors without gaining authority from my mum first?
As far as I can remember it will just stipulated that my dad!!!8217;s parts of the house would be divided equally between my sister and I. I can!!!8217;t recall anything as far as I can remember will just stipulated that my dad!!!8217;s parts of the house would be divided equally between my sister and I.
Regards0 -
Bakewell76 wrote: »I!!!8217;m happy for the sale of the house, I!!!8217;m just concerned about protecting my long-term investment in it. My mum is on about downsizing and using some of the profits to renovate the new property.
I had the idea of investing my part of the house once my mum moved out.I!!!8217;m concerned where I stand in relation to this as it is a sensitive issue and I do not want to cause a family rift.
Unfortunately I do not have a copy of the will, I have been told that as my mum is this sole executor of my dad!!!8217;s will I would not be able to obtain a copy of it from the solicitor unless my mother provided consent. At this stage I am trying to understand my position without upsetting my mum.
Would I be able to obtain the exact wording of the will from the solicitors without gaining authority from my mum first?
As far as I can remember it will just stipulated that my dad!!!8217;s parts of the house would be divided equally between my sister and I. I can!!!8217;t recall anything as far as I can remember will just stipulated that my dad!!!8217;s parts of the house would be divided equally between my sister and I.
Regards0 -
No we are not registered as owners. My mother still has a small mortgage on the property. The world I believe just stipulates that my dads share has been left to his children.0
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But in order to sell it the Land Registry issue will have to be sorted as operation to sell the house. Your rights will be protected.0
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Thanks for your response and advice.As my mum is the executor does she have to apply for probate ?0
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Bakewell76 wrote: »No we are not registered as owners. My mother still has a small mortgage on the property. The world I believe just stipulates that my dads share has been left to his children.
Then you need to discuss with the executors of his will. You and your sister should have been registered as each having a 25% share in the property, presumably as tenants in common.
As your ownership has tax implications for you, both in terms of CGT, and, eventually, inheritance tax on your mum's estate, you need to take professional advice.
The mortgage should have been discharged when the ownership changed.
It sounds as if this was a DIY will, unfortunately.No free lunch, and no free laptop0 -
Thanks again for taking time out to reply.I will have to re visit the solicitors for further advice as it was then who drew up the will,all very confusing!0
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