Can i buy children out of half the house?

paddy's_mum

Beg, borrow or steal a couple of hundred quid from SOMEWHERE....your children are being, in effect, stolen from!

Ask the lady at the Pensions Scheme if those Trustees will release enough for you to seek competent legal advice on your position.

Private Message me the address of a trusted person and I will happily donate £10 for you to pursue this.

Your husband's lack of understanding and FiL's shenanigans are clanging every alarm bell I possess!

Jenniefour

Alarm bells definitely clanging very loudly here too. You can't afford not to seek proper paid for advice.

Would your partner be willing to pay in the first instance? Worth phoning around probate solicitors to see if any of them are willing to offer short free initial consultation. What concerns me somewhat - and I know you've said you can't afford to see a solicitor - is that I'm not sure the seriousness and potential implications of all this is clear to you. To spell it out - if the will is not valid then you and the children (assuming there are no other people who could make a valid claim) would inherit all your late husbands estate according to the laws of intestacy. Which in itself, and in the particular circumstances you have described, puts a huge question mark over why/how this will got to be written and ditto for the way the house ownership was altered.

paddy's_mum

Karendeakz wrote: »

my partner wants to buy the kids half off of them

With what - money?

Forgive me but I keep detecting your unwillingness to rock the boat, your doubts as to your status and the childrens' rights and it makes me want to shake you till your teeth rattle!

Please, don't let the old b*&$@r get away with this monstrous behaviour :eek:

paddy's_mum

Jenniefour wrote: »

if the will is not valid then you and the children ... would inherit all your late husbands estate

IF there is anything left once FiL has had his hands in the till, that is....:shocked:

chesky

Go to your local CAB who will send you to a solicitor for initial advice. Then at least they'll give you an idea of how to proceed.

Silvertabby

“ Can you post which pension scheme it is? One of us may then be able to see if there may be survivor's pensions payable in addition to the one-off lump lump sum death grant.
Originally posted by Silvertabby ”

Karendeakz wrote: »

It looks like there's 2 plans. One from time warner money purchase pension plan and one from time warner non-registered group life plan.

I've had a look, and it really isn't clear - plus being an American company muddies the waters as well. It's good that you now have a pensions officer to contact - please, for your and your children's sakes, don't let this go. As others have said, I'm also getting a really bad feeling about FIL.

Malthusian

The images posted by the OP in post #81 aren't screaming "no capacity to make a Will" to me, despite the OP's reference to periods of delirium. If he had capacity at some times and not others, then when he did he was able to write a valid Will.

It is impossible to diagnose someone's former capacity via a few screenshots of text messages, but the presumption will be that he had capacity unless it can be proved otherwise. Making a bad decision due to having only a few days to live doesn't mean you didn't have capacity.

The best chance of the Will being declared invalid is if it was a DIY will and wasn't signed and witnessed correctly. It is quite possible that he and the FIL saw a solicitor on the 7th and had it all done properly.

It is absolutely essential that the OP gets professional advice. The FIL is much better at this than her.

Jenniefour wrote:

To spell it out - if the will is not valid then you and the children (assuming there are no other people who could make a valid claim) would inherit all your late husbands estate according to the laws of intestacy.

Not if the husband had made a previous valid Will which hadn't been invalidated by his marriage to the OP. In that case it would revert to the old Will.

nom_de_plume

Malthusian wrote: »

The best chance of the Will being declared invalid is if it was a DIY will...

Looking at the photo of a portion of the Will posted earlier by the OP it reads as a professionally prepared Will (although it could easily be a DIY job using text from another Will).


I'm not sure if the subject has been raised but I wonder on the likelihood of a successful challenge to the Will on the basis that it make no provisions for the very young children in the here and now. Rather it waits until they reach adulthood. It shouldn't be too difficult to make a case that some, if not all, of their inheritance could be put to better use helping during their childhood.


By permitting the OP's partner to purchase their share of the home the funds could be turned into liquid assets that could be put into a trust fund and released where appropriate by a suitable trustee.

Karendeakz

Malthusian wrote: »

The images posted by the OP in post #81 aren't screaming "no capacity to make a Will" to me, despite the OP's reference to periods of delirium. If he had capacity at some times and not others, then when he did he was able to write a valid Will.

It is impossible to diagnose someone's former capacity via a few screenshots of text messages, but the presumption will be that he had capacity unless it can be proved otherwise. Making a bad decision due to having only a few days to live doesn't mean you didn't have capacity.

The best chance of the Will being declared invalid is if it was a DIY will and wasn't signed and witnessed correctly. It is quite possible that he and the FIL saw a solicitor on the 7th and had it all done properly.

It is absolutely essential that the OP gets professional advice. The FIL is much better at this than her.



Not if the husband had made a previous valid Will which hadn't been invalidated by his marriage to the OP. In that case it would revert to the old Will.

No, during those screenshots he was fine, I'm not saying he was delirious there. I was more frustrated at the fact that he was writing a will without actually considering all the details to do with the house etc.

He didn't have another will, that was the only one ever done.

Jenniefour

Malthusian wrote: »

Not if the husband had made a previous valid Will which hadn't been invalidated by his marriage to the OP. In that case it would revert to the old Will.

Correct, my mistake.