Family home being sold - will I get my share?

gilliandyson

My Dad died some years ago and left his share of our family home equally to my sister and I, with permission for my mum to live in it as long as she wanted to. I still live in the family home (I'm 25). Mum has accepted an offer and has just told us that she is moving in permanently with her boyfriend (she stays there most of the time anyway) and she's using the money from the house sale to buy her parents a bungalow. We don't get on and she keeps asking me what I'm going to do once the house is sold. I'm now worried she's going to keep all the proceeds, I won't get my inheritance and I also won't have anywhere to live. I don't know how the ownership of the house is set up legally or what my Dad's share was and she won't tell me anything which is making me suspicious.  Should I see a solicitor now or just hope that everything will be done legally and correctly? I'm not in a position to spend a lot of money on legal bills and don't really know where to start. Thanks for any advice/help on what to do first!

Sea_Shell

Do you have a copy of your dad's will?

Did it go to probate?

Have you searched land registry to see how the house is currently held?

Marcon

gilliandyson said:

My Dad died some years ago and left his share of our family home equally to my sister and I, with permission for my mum to live in it as long as she wanted to. I still live in the family home (I'm 25). Mum has accepted an offer and has just told us that she is moving in permanently with her boyfriend (she stays there most of the time anyway) and she's using the money from the house sale to buy her parents a bungalow. We don't get on and she keeps asking me what I'm going to do once the house is sold. I'm now worried she's going to keep all the proceeds, I won't get my inheritance and I also won't have anywhere to live. I don't know how the ownership of the house is set up legally or what my Dad's share was and she won't tell me anything which is making me suspicious.  Should I see a solicitor now or just hope that everything will be done legally and correctly? I'm not in a position to spend a lot of money on legal bills and don't really know where to start. Thanks for any advice/help on what to do first!

You say your dad 'left his share', which suggests there was a will. Download a copy for the princely sum of £1.50: https://www.gov.uk/search-will-probate and see what exactly it said.

Once you've established that, and assuming that you are entitled to your share of the proceeds of the house at the time your mother sells it (as opposed to when she dies, even if she has already sold it), you need to start responding to her questions with your own, not least to clarify that you are expecting your share of the proceeds once the sale has gone through.

If you aren't sure, download the will and then come back here and paste in the relevant sections (obviously ensuring any identifying names are blacked out).

Keep_pedalling

It sounds like she has the right to live there though a life interest trust. This may allow the place to be sold to purchase her more suitable accommodations, but the proceeds of your father’s share cannot be used to house her parents. She can do what she likes with her share, but your father’s share should go to and your sister as she has basically ended the trust. As others have said get hold of the will pronto. 

gilliandyson

Thank you. Just waiting for Land registry to provide the documents.
I have a copy of the will, this is the relevant bit (copied and pasted with names removed - apologies about the format) :-

1:   I GIVE all my share or interest in my real property known as …………… or such other property as shall constitute the matrimonial home of my wife ……….. and myself to my Trustees on trust for sale but with power to postpone the sale and in accordance with the following directions:-

(a)              my said wife may live in the house for so long as she wishes;

 (b)              until my wife has in the opinion of my Trustees  ceased  to live  in the house permanently it shall not be sold without her consent and she shall be responsible for all outgoings affecting it and for

keeping it in repair and insured comprehensively;

-  (c)       at the request of my said wife my Trustees shall sell the house and buy   another   residence   to  which   the  same   provisions   as those

 expressed  in the last clause shall apply and any cash balance arising

from  the  sale  and  purchase  shall  form  part  of  the  residue  of  my estate;

(d)      when my wife shall cease to live permanently in the house or any new residence then the same shall form part of the residue of my estate

1.                  I GIVE all the proceeds of my ……. Pension Policy to my said wife …..                                                                                                            

2.        MY TRUSTEES shall hold the remainder of my estate on trust either to retain or sell it on the following trusts:-

(a)               to pay my debts Inheritance Tax and executorship expenses;

 (b)               to   pay   or transfer  the whole of the residue unto and equally between my daughters   …………and ………… or the whole to the survivor PROVIDED ALWAYS that if either of them die before me leaving children then those children shall take equally the share their mother would otherwise have taken      

gilliandyson

Sea_Shell said:

Do you have a copy of your dad's will?

Did it go to probate?

Have you searched land registry to see how the house is currently held?

See below for copy of will, I don't know about probate - would that change things? Awaiting Land registry docs. Thank you

Sea_Shell

gilliandyson said:

Sea_Shell said:

Do you have a copy of your dad's will?

Did it go to probate?

Have you searched land registry to see how the house is currently held?

See below for copy of will, I don't know about probate - would that change things? Awaiting Land registry docs. Thank you

It was only if you didn't have a copy of the will, but you do.

gilliandyson

This is copied and pasted from the land registry document - am hoping that the restriction means she can't sell it without authorisation? 2009 is the date of Dad's will  :-

B: Proprietorship Register

This register specifies the class of title and identifies the owner. It contains

any entries that affect the right of disposal.

Title absolute

1 (20.12.1993) PROPRIETOR: .....mum.................. of  address..........

2 (20.12.1993) The Transfer to the proprietor contains a covenant to

observe and perform the covenants referred to in the Charges Register

and of indemnity in respect thereof.

3 (05.08.2009) RESTRICTION: No disposition 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.

gilliandyson

xylophone said:

she's using the money from the house sale to buy her parents a bungalow. 

This is not in accordance with the terms of  your father's will.

Who is named in your father's will as executors/Trustees?

I would suggest that you and your sister consult a solicitor expert in wills and trusts.

Thank you, it's my grandfather (Dad's dad) and uncle (Dad's brother). I'm hoping the solicitors doing the house conveyance will be able to see the situation and inform my mother that she isn't able to sell the house and keep the proceeds without satisfying the will? Neither my sister or I are really able to afford legal fees to contest this and are hoping it won't be able to happen anyway.

xylophone

What your mother is proposing  ( moving out permanently and then using the  sale proceeds of the property to buy a bungalow for her parents) is clearly not in accordance with your father's will.

Your father's will states

 when my wife shall cease to live permanently in the house or any new residence then the same shall form part of the residue of my estate

MY TRUSTEES shall hold the remainder of my estate on trust either to retain or sell it on the following trusts:-

(a)               to pay my debts Inheritance Tax and executorship expenses;

 (b)               to   pay   or transfer  the whole of the residue unto and equally between my daughters   …………and ………… or the whole to the survivor

With regard to your father's death ( he was a joint proprietor as tenant in common) and the Form A restriction see

https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/ under  

Death of a Joint Proprietor

It seems to me that you/your sister/the Trustees should seek the advice of a STEP solicitor.

https://content.step.org/step-directory

theoretica

This is not just a problem for you and your sister - are your grandfather and uncle aware and willing and able to take this on?  It is part of their role as executors for your father.