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Urgent help needed! House being sold before will read

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  • Hi All,

    Tealblue, only reason contacting 2nd firm is to try and get things moving.  See what our options are, along with getting the useful info from here.  As it stands we’ve not heard from either law firm since contacting them.

    so the register of title word for word...

    a: property register
    this register describes the land and estate comprised in the title.
    west midlands : Birmingham
    1:(21.07.1969) the freehold land shown edged with red on the plan of the above Title filed at the Registry and being <house address>

    B: proprietor register
    title absolute
    1 (25.08.1992) proprietor <step-mil> and <father> of <different address>

    2 the transfer to the proprietor contains a covenant to observe and perform the covenant referred to in the Charges Register and of indemnity in respect thereof.

    C charge register
    this is long and appears to be worded from when the house was built and handed over to first owner and mortgage company.

    In all honesty, I think (from what’s been said here) that even with the will in hand that the 3 daughters are on a hiding to nothing.  That the house will pass to the step-mil.   It’s grating on the sisters that they know their father had every intention of leaving them an inheritance, that his will process might well not be worth the paper it’s written on.

    the step-mil is also denying a Will even exists, even though we know it does, and more so know she also wrote one at the same time, with same company.  This was supposed to have been done to protect Estates on each side of the blended family.

    again apologies for the lengthy reply.  

    And also many thanks to those who have given information, whether we wanted to hear or not, thanks again!
  • xylophone
    xylophone Posts: 45,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    the step-mil is also denying a Will even exists, even though we know it does,

    You might take that up with your solicitor. 

    You say that your FIL intended to leave cash to his grandchildren - only the will can tell you.

    It would seem (in the absence of any indication to the contrary) that the house was owned as joint tenants.

  • Thanks xylophone.

    missus and her sisters are pretty much resigned to the house being a no go.

    we have now heard from one of the solicitors and we’ve sent over details we hold for the company holding his will and the copy of the house title register.  The solicitor has said that unless there’s some form of trust with explicit wording within the will then it’s gone.

    Their father was a quiet man, worked all his life and as far as I’m aware never had any brushes with the law.  They all hold fond memories of him from their childhoods, so they have all smiled as the recount events.   

    Fingers crossed they can retrieve some of the items that they hold dear of his...  the step-mil is proving to be rather strange, but if we were looking from her point of view and posting here, we would be having a rather different conversation.

    thanks to all for help!
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    When do you think the wills were done?
    When did they marry?
    The land registry does not always get updated when a join tenants is severed. 
  • Hi getmore4less,

    Will was written 18th December 2008
    They married April 1993

    regards

    Rob
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Hi getmore4less,

    Will was written 18th December 2008
    They married April 1993

    regards

    Rob
    B: proprietor register
    title absolute
    1 (25.08.1992) proprietor <step-mil> and <father> of <different address>

    That looks like they bought the house(or it was hers and he got added)  before they got married.

    Will done after marriage.

    That time line is OK and makes sense.

    Need to establish the contents of the will. 



  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Seems a bit of a 'catch-22' with the will-writing company: They can only release the will to the executor, but you don't know if you are an executor until you see the will, the will-writing company can only tell you if you are not. Does that mean every member of a family has to contact the will-writing company separately and ask if the will can be released to them?
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
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