problem with step mother and my late fathers will

lovemelovemyshoes

Loopyloopz wrote: »

Sorry for your loss. And hope you are able to get the sentimental items you are wanting. I had a similar issue with my mums partner when she passed away.

You can get a copy from the gov.com website. I think it isn’t available until after probate is granted, then the will is public record. The copy costs £10. I’m not able to post links on here yet, but if you search copy of will it should come up. It’s gov. Uk probate. Hope that helps!

ty but its not going to probate

lovemelovemyshoes

Keep_pedalling wrote: »

Even if a will leaves everything as an interstate estate would have done, there are still good reasons to make a will, the main one being what happens if your spouse dies first.

If he owned property and no probate is required that suggests the property was held as joint tenants with the survivor automatically owning the whole thing on the death of the other owner. This however does not stack up with a trust being put in place, as this is something more applicable to tenants in common.

I’m afraid this whole mess is down to your father failing to keep you informed or at least making you or your sibling an executor. It really is unfair to leave it until you die for you to find out you have been disinherited.

I guess he didnt think he was going to pass away suddenly at the age of 54. I can understand him wanting to leave her secure financially but the trust attached to the property is something that is making us think that everything is not what we have been told and this has made us think that we arent being told the truth

Kynthia

You keep saying about this trust on property but what is the exact wording? It might not mean what you think as for example a deed of trust on a property describes the the percentages of ownership when a property is owned as tenants in common.

lovemelovemyshoes

Kynthia wrote: »

You keep saying about this trust on property but what is the exact wording? It might not mean what you think as for example a deed of trust on a property describes the the percentages of ownership when a property is owned as tenants in common.

i have a copy of the land registry TR1
section 11...
the transferees are to hold the property in accordance with the declaration of trust dated ...... between my (stepmother) and (my father)


title deeds doc.


Section B proprietorship register
RESTRICTION no dispostition by a sole proprietor of the registered estate except a trust corporation under which capital money arises is to be registered unless authorised by an order of the court.

Dox

lovemelovemyshoes wrote: »

i have a copy of the land registry TR1
section 11...
the transferees are to hold the property in accordance with the declaration of trust dated ...... between my (stepmother) and (my father)


title deeds doc.


Section B proprietorship register
RESTRICTION no dispostition by a sole proprietor of the registered estate except a trust corporation under which capital money arises is to be registered unless authorised by an order of the court.

Ask your solicitor to have a look at the full document and give you a view.

Marcon

lovemelovemyshoes wrote: »

we believe that part of the house is in trust for us otherwise why put a trust onto the property if he left her everything in the first place. The trust has been put there for a reason its just that we cannot find out what the reason is.

I think you might be looking for something which doesn't exist.

See https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property and read section 3.10. The following paragraph seems particularly relevant:

'If the joint transferees intend to hold the property on trust for themselves alone as joint tenants, they should place an ‘X’ in the first box. Alternatively, if they intend to hold the beneficial interest as tenants in common in equal shares, they should place an ‘X’ in the second box. They should place an ‘X’ in the third box if they intend to hold it in unequal shares, or for themselves and others (whether in equal or unequal shares), or under the terms of a separate existing trust deed or will, and in each case they should also add the relevant details.'

Kynthia

lovemelovemyshoes wrote: »

i have a copy of the land registry TR1
section 11...
the transferees are to hold the property in accordance with the declaration of trust dated ...... between my (stepmother) and (my father)


title deeds doc.


Section B proprietorship register
RESTRICTION no dispostition by a sole proprietor of the registered estate except a trust corporation under which capital money arises is to be registered unless authorised by an order of the court.

As I suspected, this is all related to how they owned the property. The second statement I believe means they owned as tenants in common and is standard wording. Therefore the declaration of trust will be specifying what percentages they each owned. Cut and paste the paragraphs into Google and you will see.

As they weren't joint tenants than your dad's share of the property has to be left to someone in his will as it wouldn't automatically go to the joint owner. I do think that means probate would be needed though, which could help you to see the will eventually.

I'm just a layperson though so you might want to get the above checked out.

Tom99

[FONT=Verdana, sans-serif]I'm with you. Somewhere there is a deed of trust which sets that they hold the property as tenants in common and as to how the sale proceeds should be divided between the two owners.[/FONT]
[FONT=Verdana, sans-serif]But his will might still have left his share of the house to your step mother.[/FONT]
[FONT=Verdana, sans-serif]You say the house has been cleared, is it up for sale or been sold? If so try and find out the solicitors appointed on the sale and approach them with the TR1 copy. They may not help but you can only try.[/FONT]

lovemelovemyshoes

Tom99 wrote: »

[FONT=Verdana, sans-serif]I'm with you. Somewhere there is a deed of trust which sets that they hold the property as tenants in common and as to how the sale proceeds should be divided between the two owners.[/FONT]
[FONT=Verdana, sans-serif]But his will might still have left his share of the house to your step mother.[/FONT]
[FONT=Verdana, sans-serif]You say the house has been cleared, is it up for sale or been sold? If so try and find out the solicitors appointed on the sale and approach them with the TR1 copy. They may not help but you can only try.[/FONT]

she had the house before she met him and i know he had money when he met her and they did a lot of maintenance work on it so i presume that she let him buy into her house. She had cleared all of his things out , we live in a small town and she doesnt know that i know someone that can give me a lot of info as to what is going on around the house.



Its just all bizarre i am convinced that he has protected the money he put into the house or else why do it? she had a negative equity house when he met her. Its been 5 months now and not gone to probate but the more i find out especially about being tenants in common etc she will one day need probate . Thankfully we cannot afford solicitors ... I am in uni and my brother has just bought a house but my mother will help us if need be.

lovemelovemyshoes

Kynthia wrote: »

As I suspected, this is all related to how they owned the property. The second statement I believe means they owned as tenants in common and is standard wording. Therefore the declaration of trust will be specifying what percentages they each owned. Cut and paste the paragraphs into Google and you will see.

As they weren't joint tenants than your dad's share of the property has to be left to someone in his will as it wouldn't automatically go to the joint owner. I do think that means probate would be needed though, which could help you to see the will eventually.

I'm just a layperson though so you might want to get the above checked out.

He probably didnt own 50% but i am convinced he has protected the money he put into the house and i believe she is just trying to be sly.