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Urgent help needed! House being sold before will read

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  • pphillips
    pphillips Posts: 1,631 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Be very clear in your head and with the solicitor exactly what work you are paying them to undertake.
    Have you done a Land Registry search yet? This will tell you everything you need to know about the type of property ownership.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The will writers are correct - they can only release the will to the executors. If your wife is not an executor, they can't release it to her. Are there any other siblings? 
    It's most likely that MIL is the executor in which case they will only release it to her.  
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • comeandgo
    comeandgo Posts: 5,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Your step mother in law has just lost her husband,  give her some slack.  You may not have anything left to you, as wife she holds all the strings.
  • hi Pphilips, 
    yes LR search done, looks like it joint tenants.  Though not exactly worded like that.  Nothing in it to suggest otherwise.

    comeandgo,  unfortunately today there has been a phone call, would love to give the lady some slack (as by nature I don’t do confrontation) but the torrent of abuse taken was on a different level.

    Bear also in mind that the daughters have also lost their father, we’re also beginning to think that anything of sentimental value may be lost too.  Fingers crossed that she hasn’t yet parted with anything.
  • Also, this is all new to us, always thought that if a will existed that was the be all and end all.  We do understand there are rights the surviving spouse has, but clearly we do not realise/fully understand the extent of these.

    learning very quickly at the mo.
  • Flugelhorn
    Flugelhorn Posts: 7,340 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    if they are joint tenants then step MIL owns the property now and no need for it to be mentioned in the will
  • pphillips
    pphillips Posts: 1,631 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Also, this is all new to us, always thought that if a will existed that was the be all and end all.  We do understand there are rights the surviving spouse has, but clearly we do not realise/fully understand the extent of these.

    learning very quickly at the mo.
    If it's jointly owned, with no restriction, she now owns the whole property and nothing in the will can change that.
  • Tealblue
    Tealblue Posts: 929 Forumite
    Seventh Anniversary 500 Posts Combo Breaker I've been Money Tipped!
    Little update, we’ve spoken with solicitor (first 1/2 hour free).  They are supposed to be calling back today and we will instruct to take up case.   Another local firm have been contacted and they’re getting back to us.

    Why contact a second firm if you've already decided to instruct the first one? 
  • pphillips
    pphillips Posts: 1,631 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Tealblue said:
    Little update, we’ve spoken with solicitor (first 1/2 hour free).  They are supposed to be calling back today and we will instruct to take up case.   Another local firm have been contacted and they’re getting back to us.

    Why contact a second firm if you've already decided to instruct the first one? 
    Perhaps the OP is assembling their legal team for the impending court battle with the mother in law.
    Not a good idea in my opinion!
  • badger09
    badger09 Posts: 11,602 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hi Pphilips, 
    yes LR search done, looks like it joint tenants.  Though not exactly worded like that.  Nothing in it to suggest otherwise.

    comeandgo,  unfortunately today there has been a phone call, would love to give the lady some slack (as by nature I don’t do confrontation) but the torrent of abuse taken was on a different level.

    Bear also in mind that the daughters have also lost their father, we’re also beginning to think that anything of sentimental value may be lost too.  Fingers crossed that she hasn’t yet parted with anything.
    So how, exactly, is it worded?
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