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Exchanged - Owner now passed away

edited 30 November -1 at 1:00AM in House Buying, Renting & Selling
138 replies 47.2K views
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Replies

  • UxbUxb PPR
    1.3K posts
    Of course we don't know what the will says.
    It might just possibly be that the will specifically leaves the house to someone.
    If the house is no longer in the estate then the gift in the will fails and the recipients gets nothing - unless there is also within the will provision for a sum of money to be paid if the house does not exist.
    So not surprisingly in such an example the recipient might well not want the house sold under any circumstances whatsoever.

    While I have never such a event with a house I have seen it with works of art/valuables which were left to individuals in the will as named items. Later discovered that they had been sold by the deceased some time prior to their death and who had quite forgotten that they had bequeathed them in the will.
    Net effect was the proposed recipient of the item got nowt.
    Nasty.
  • xylophonexylophone Forumite
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    I was told that the vendors solicitor is also the executors of her will.

    And they have permitted the daughter to occupy the property?
  • davidmcndavidmcn Forumite
    16.8K posts
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    xylophone wrote: »
    And they have permitted the daughter to occupy the property?
    Sounds like just she had keys and was already there before the executors got into gear.
  • Out,_Vile_JellyOut,_Vile_Jelly Forumite
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    Do not underestimate the greed and vulgarity of relatives when there is a sniff of property inheritance in the air....

    Fingers crossed the solicitor gets the message across loud and clear in good time.
    They are an EYESORES!!!!
  • G_MG_M PPR Forumite
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    Do not underestimate the greed and vulgarity of relatives when there is a sniff of property inheritance in the air....

    Fingers crossed the solicitor gets the message across loud and clear in good time.
    To be fair, there are always 2 sides to every story.

    Daughter has just lost her mum. Mum lived in her childhood home which is full of memories. Daughter is (perhaps) sole offspring and sole Beneficiary. She knew nothing of the sale and so assumed she'd inherit her childhood home.

    Suddenly some stranger writes a card out of the blue, with condolences, and says she's buying the house!

    The reaction is not so much greed, as shock and disappointment. Possibly heart-ache.
    ** If I include a blue link in my post, click and read it before posting a follow-up question. The answer may be in the link! **
  • xylophonexylophone Forumite
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    not so much greed,

    Um....the daughter is not the executor, promptly moves in once mother has departed without seeking the permission of the executors, doesn't want to honour a contract to which her mother agreed (unless of course) the OP and partner
    up the offer by £80K.

    In my book that's greed.....
  • G_MG_M PPR Forumite
    52K posts
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    Peope don't always act rationally when grieving.


    And many people have a limited understanding of inheritance, probate not to say conveyancing law. So daughter may have acted through instinct and ignorance.


    Just playing devil's advocate here......
    ** If I include a blue link in my post, click and read it before posting a follow-up question. The answer may be in the link! **
  • This saga got a whole lot worse today.

    Some background for you. I have done various jobs over the years for the vendor. I know her by name and also well enough that I was going to the funeral. My children also know her and she has previously bought them presents. My brother, a general handyman, does quite a bit of work for her. Likewise she knows his kids as well. We both do a bit of work for those that can't afford our normal rates, for example last year I fitted a new consumer unit for her and I only charged her for the kit and the price of a Dominos takeout for the kids.

    The house is costing £630K. We paid a £100K deposit on exchange.

    So. Last week I was invited to a meeting with her solicitor, an invite that was later retracted. Today I learnt what that meeting was about. Her will was read and I'm a beneficiary. I'm getting £300K, my brother £300K, and the daughter is getting £50K.

    She isn't happy. Not happy at all. My solicitor firmly told me not to have any communication with her. He can't say what will happen but he did tell me to expect completion not to happen, and also for her to challenge the will. I was advised to let the sale of my house to go through and suggested I rent something.

    The story is they have fallen out several times and not spoken for at least 8 years.

    This is now one huge mess
  • PasturesNewPasturesNew Forumite
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    Oh dear... you'll now become "the bookmarked thread" for all future and similar occurrences!
  • Rosemary7391Rosemary7391 Forumite
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    Oh. Well, that explains just about everything!


    Where to go from here... Could you afford to rent somewhere in the school catchment area? When do you need that address vs when completion is scheduled (even if it probably won't happen)? I'm wondering what happens if you arrange a rental then completion does happen on time/just a few weeks later - would you be stuck with those costs? Although it would seem likely you'll be able to afford it when the estate is distributed, the interim might be a bit tricky.
    Slinkies 2018 Challenge - 0/80lb lost
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