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Believe Relative's Will Changed Illegally

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  • Brynsam
    Brynsam Posts: 3,643 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Combo Breaker
    -taff wrote: »
    Or that he changed the house owner by signing it over to someone else?

    There'd almost certainly be capital gains tax issues if so. OP, if you've not yet done so, see what info you can obtain about the property ownership: https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds. Could it be that the property hasn't in fact changed hands but is being rented out? If so, probate may never have been applied for, which is why your uncle's details don't appear on https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

    Presumably the neighbours know who took on the administration of the estate? Perhaps that's the individual with whom you need to have a conversation.
  • Flugelhorn
    Flugelhorn Posts: 7,450 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Can you ask his local registry office who registered the death or maybe obtain a copy of the death cert?

    This would be a place to start - also any information about the house sale you can find online, are the estate agents details still online (some are cached for ages or may come up when you look at "sold prices" on rightmove)

    re people eg GP not contacting you TBH can be tricky, most people don't want to interfere / get involved and if someone is handling it all then they may let them get on with it.
  • Dox
    Dox Posts: 3,116 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 13 August 2018 at 1:05PM
    We then discovered that all of his assets had been liquidated and his house sold off. The neighbours told us that another person in his street has taken over the execution of the will and had personally benefitted.

    Can anyone suggest anything which might help us to determine whether the original will was amended and if so was it done legally?

    Nothing unlawful about an executor benefitting from the will, so that of itself isn't an issue. Have you to spoken to the executor - if the will was valid and everything was above board, there's no need at all for the person concerned to be either elusive or evasive.

    Do the neighbours know if the house was sold through an agent, assuming it really has been sold and not just let out/left empty? I'd certainly try to get some info from the Land Registry about ownership, which could of course have changed many years ago. Given your uncle's erratic behaviour, it doesn't seem likely he would have told you. If he did sell the house and retain the right to live there during his lifetime, but didn't own much else, probate may not have been necessary - hence the lack of detail about probate being granted.

    Another thought, which is probably a bit far-fetched, but still worth checking: have you seen the death certificate and if so, is the name on it the one by which you knew him?
  • Dox
    Dox Posts: 3,116 Forumite
    1,000 Posts Third Anniversary Name Dropper

    I tried to setup a support network for him comprising his immediate neighbour and that at least gave me some insight into his welfare. This became difficult for the neighbour who was sometimes attacked when he was particularly bad.

    Any idea why the neighbour didn't contact you or your mother to tell you of your uncle's death? It seems a bit odd that people who had clearly been involved and trying to help would just do nothing when he died.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Land registry would be my next step. As the house couldn't be sold after his death without probate I'd want to see if it was sold or transferred before his death and to who? Or is it still in his name and not actually sold as you've been told?
    Don't listen to me, I'm no expert!
  • tealady
    tealady Posts: 3,851 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Mortgage-free Glee!
    Kynthia wrote: »
    Land registry would be my next step. As the house couldn't be sold after his death without probate I'd want to see if it was sold or transferred before his death and to who? Or is it still in his name and not actually sold as you've been told?

    I believe it is £3 to get a copy of the register. And I think you can set up free alerts on the address. Go via the gov.uk website to make sure you get the correct land reg site though.
    HTH
    Find out who you are and do that on purpose (thanks to Owain Wyn Jones quoting Dolly Parton)
  • Perhaps an obvious question but, is your mothers sister already passed?

    Yes my Mother's sister passed away some years ago now.
  • Dox wrote: »
    Any idea why the neighbour didn't contact you or your mother to tell you of your uncle's death? It seems a bit odd that people who had clearly been involved and trying to help would just do nothing when he died.

    We have no idea why my mother was never contacted. It's only speculation but my Uncle did become increasingly angry with anyone who came into contact with him so he may have alienated those that were looking after him. My sister used to regularly visit him but on one occasion he became abusive and threw her out of the House. My sister was extremely upset and worried. She later received a long and very upsetting letter posted to her house telling her in no uncertain terms how he "hated" her and wanted nothing more to do with her.

    He did this to many people. He was clearly a troubled man.

    Now, I need to point out that my mother is most upset about her sisters belongings and memorabilia being misappropriated.

    I personally have a strong suspicion that something is not quite right about the execution of his will but it is proving to be very difficult to find out who did what and when
  • Have you checked the Land Registry website yet?
    If you go down to the woods today you better not go alone.
  • Have you checked the Land Registry website yet?

    Yes I have but having entered the address I receive:

    "Sorry, we have been unable to find a property that matches your enquiry. Please try searching in a different area."
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