Rights of Tenants in Common. Ripped off in my fathers will

joyfully

Flugelhorn wrote: »

do you know the other witness?

Both friends of my sister

getmore4less

Yorkshireman99 wrote: »

As far as I know you have no rights of access or usage.you MUST see a solicitor ASAP who will advise you.

They said they already own 25% it is not lingering in the estate.

Even if that was just a beneficial interest from the mothers will with the fathers having life interest that becomes absolute on the passing of the life tenant.

They have the right to occupy their property.

happyandcontented

You cannot install a tenant who would want to live where life would be made difficult. If you are single you could move in and rent out your own home.

The only option is to force a sale.

comeandgo

Regarding friends signing as witnesses, I am witness to a couple of my friends. I have no idea what's in the wills, I only witnessed signatures so I think you have no axe to grind with them.

joyfully

happyandcontented wrote: »

You cannot install a tenant who would want to live where life would be made difficult. If you are single you could move in and rent out your own home.

The only option is to force a sale.

I certainly do not want to live there with my sister after her underhand behaviour.

And yes it is still very raw, especially it has spoilt my happy memories of my father. He was weak to give into her and cowardly not to have told me before he died. We went fishing together only eight weeks ago and he changed the will last August under pressure from my dear sister.

I am not wealthy, and 67 years old and so the monies would have been very useful.

So far I have controlled my anger and have written a conciliatory letter to my sister blaming him for the change, saying that it was specially against the wishes of my deceased mother and that maybe she should consider doing the right thing and paying me half the market rent for my 25% plus the 25% she stole from me (not in those terms) .

As she has spent the last two years engineering this situation I suspect she will say no, why shouldn't she.

So then I will let all our family and friends know what she has done. Then go for the forced sale of the property as she can't afford to buy me out.

In the meantime I will check the legalities, but my understanding is that I can put a tenant in, possibly a DSS tenant with a dog as she hates dogs and people she calls scroungers off the state. So that way she will not so easily sit in the lovely garden and rub her hands in glee.

And I might even ask the police to get a statement from her about a man who had lived in the same house for 25 years suddenly fell down the stairs, not that long after changing his will in her favour. At least it might make her feel uncomfortable!

kazwookie

Having just sat and thought about this.

1. Has probate been granted? (unlikely as only 2 weeks)
2. What was / is the value of your father's total estate?
3. What provision was made to pay for the funeral / tax / IHT?

As IMO it is unlikey probate has been granted, in theory you and your sister cannot do anything to the property / other assest.

The 'chances' are a home made will by your sister, a good probate solicitor can/ will drive a tractor straight through it and possibly get the old WILL reinstated

Sea_Shell

comeandgo wrote: »

Regarding friends signing as witnesses, I am witness to a couple of my friends. I have no idea what's in the wills, I only witnessed signatures so I think you have no axe to grind with them.

It's one thing to be a witness to your friends will...what this equates to is you being asked by your friend to be a witness to their Dad signing his will. Surely the witnesses would be of the Dad's choosing.

Keep_pedalling

joyfully wrote: »

Funeral all done. My sister is occupying the house and throwing out all my dads stuff.

She wrote the new will, got her best friend and another person to witness and sign. She is the named executor plus option of two if any fathers friends.

The will looks unchallengeable. Courts always reluctant to do so. He was frail, forgetful, had bad eyesight and sometimes confused. But he did not have alzheimer's or dementia. She manipulated and bamboozled him on the basis that I would want to sell the house and so she could not carry on living there.

He even wrote a note in the will that she should be allowed to live rent free in the house until her death. Something he could not legally grant as he only owned 50% of the house with me and my sister 25% each.

Yes I should move on and take my share. But she can't afford to buy me out and so forced sale will incur considerable legal costs.

So finding away if getting some income as well as making it more difficult to enjoy her ill gotten gains gives me some pleasure. I will still remain upset that my father could do this and be cowardly enough to not tell me to my face. The new will was last August and so he had many opportunities.

This sounds like a DIY will you can’t give a life interest on something you doubt own. It does not matter who witnesses the will they are only witnessing the testator signing it, they are not privy to the contents. I would certainly be taking legal advice before doing anything else.

NeilCr

Sorry.

I am struggling with your descriptions of your dad. Frail, forgetful, bad eyesight and confused

But then then weak and cowardly.

Whatever the situation with your sister these seem very harsh words about a 94 year old .

In terms of your "rights" I'd strongly suggest getting some professional legal advice

Manxman_in_exile

Sea_Shell wrote: »

It's one thing to be a witness to your friends will...what this equates to is you being asked by your friend to be a witness to their Dad signing his will. Surely the witnesses would be of the Dad's choosing.

Perhaps the witnesses should be of the testator's choosing, but so far as I know this is not required - just that they witness the actual signing of the will and aren't beneficiaries. I agree with comeandgo that they also don't need to know the provisions of the will they are witnessing. They are only witnessing the signing of the will.