Mum’s estate & step dad complication

Dholking

Hi all first time posting here and would really appreciate some thoughts/advice. My mother passed away unexpectedly in November 2020, I am an only child and leave with my wife & children. On the day my mother passed away I was ‘informed’ she was actually married to her long term partner who has lived with her since for approx 12 years. I have always maintained a distance from him with little to no relationship due to previous bad experiences with her ex-partners and decided that as long as she was happy I would not have anything to do with him.

My mother had me listed as sole beneficiary and executor of her estate on her will and I have Grant of Probate as of the end of December 2020. The only asset she had was her property which was in her sole name (both on the title and mortgage). There is a not insignificant interest only mortgage that needs to be cleared alongside some other credit card/overdraft debts and therefore I will need to sell the property to repay these. 

My ‘step-dad’ is still living in the property. I have previously and fairly regularly tried to keep him informed about everything although there is a language barrier as he speaks little to no English - he knows that it is my intention to sell the property. Until recently he has been telling me that he will be moving out at some stage noting difficulties to do so because of lockdown however we had a slight mis-understanding over the weekend which resulted in some things being said namely that I couldn’t simply just kick him out (even though I made no mention of this) and that he knew that could if wanted have some entitlement to the estate. 

Although I have somewhat resolved the dispute and got back to what I think is an amicable place I can’t help but be concerned about what his intentions now may be. The property as far as I’m concerned and what my mother always made clear was that it belonged to me/my children. I understand that as per the Inheritance Tax Act (1975) that he could argue that reasonable financial provisions have not been made for him. My mother did not work due to her health (and received whatever benefits she was entitled too) however he has always been self employed and therefore I don’t believe outside of the fact he lived ‘rent free’ he relied on her financially in any way. I should also mention that my mother had organised a post-nuptial agreement which I now have which is signed by both and verified by independent solicitors. 

I’m trying to understand firstly what claim he could have to the estate as I appreciate the post nuptial agreement is not legally binding and am I correct in assuming he would need to bring any such claim before 6 months from the issue of probate (which takes me to June) and what options do I have to remove him from the property if he refuses to leave and let me sell the property?

He does not make any rent payments to me, he pays the gas/electricity bill as that was in joint names previously and so has reverted to him and the council tax (which was in my mothers sole name previously) as when I spoke to the council I advised that he was staying in the property temporarily until he found somewhere and they advised that they would issue council tax bills to him until then. I have transferred water, home insurance and phone/broadband to my name.

Thanks in advance for any advice/help it’s much appreciated.

Marcon

Dholking said:

Hi all first time posting here and would really appreciate some thoughts/advice. My mother passed away unexpectedly in November 2020, I am an only child and leave with my wife & children. On the day my mother passed away I was ‘informed’ she was actually married to her long term partner who has lived with her since for approx 12 years. I have always maintained a distance from him with little to no relationship due to previous bad experiences with her ex-partners and decided that as long as she was happy I would not have anything to do with him.

My mother had me listed as sole beneficiary and executor of her estate on her will and I have Grant of Probate as of the end of December 2020. The only asset she had was her property which was in her sole name (both on the title and mortgage). There is a not insignificant interest only mortgage that needs to be cleared alongside some other credit card/overdraft debts and therefore I will need to sell the property to repay these. 

My ‘step-dad’ is still living in the property. I have previously and fairly regularly tried to keep him informed about everything although there is a language barrier as he speaks little to no English - he knows that it is my intention to sell the property. Until recently he has been telling me that he will be moving out at some stage noting difficulties to do so because of lockdown however we had a slight mis-understanding over the weekend which resulted in some things being said namely that I couldn’t simply just kick him out (even though I made no mention of this) and that he knew that could if wanted have some entitlement to the estate. 

Although I have somewhat resolved the dispute and got back to what I think is an amicable place I can’t help but be concerned about what his intentions now may be. The property as far as I’m concerned and what my mother always made clear was that it belonged to me/my children. I understand that as per the Inheritance Tax Act (1975) that he could argue that reasonable financial provisions have not been made for him. My mother did not work due to her health (and received whatever benefits she was entitled too) however he has always been self employed and therefore I don’t believe outside of the fact he lived ‘rent free’ he relied on her financially in any way. I should also mention that my mother had organised a post-nuptial agreement which I now have which is signed by both and verified by independent solicitors. 

I’m trying to understand firstly what claim he could have to the estate as I appreciate the post nuptial agreement is not legally binding and am I correct in assuming he would need to bring any such claim before 6 months from the issue of probate (which takes me to June) and what options do I have to remove him from the property if he refuses to leave and let me sell the property?

He does not make any rent payments to me, he pays the gas/electricity bill as that was in joint names previously and so has reverted to him and the council tax (which was in my mothers sole name previously) as when I spoke to the council I advised that he was staying in the property temporarily until he found somewhere and they advised that they would issue council tax bills to him until then. I have transferred water, home insurance and phone/broadband to my name.

Thanks in advance for any advice/help it’s much appreciated.

First thing you need to check is the date of the marriage and the date of the will. If your mother's will was made prior to her marriage and did not specifically include a reference to the anticipated marriage to [name of husband], the marriage will invalidate her will and unless she then made a new one, she has effectively died intestate.

I think you'll need some legal advice on this regardless. It sounds pretty messy and without having sight of all the relevant documents, it's impossible to give sensible advice.

getmore4less

My first thought comes from.

 On the day my mother passed away I was ‘informed’ she was actually married to her long term partner who has lived with her since for approx 12 years. 

Two important dates that of the  will and the marriage?


If there was no financial support  then that leaves the house which he possibly could try a claim for life interest.
But as there is a mortgage he would have to buy that out and the life interest would be in just the equity.

As he knows there is a mortgage has he shown any interest in buying the place?

Dholking

Marcon said:

Dholking said:

Hi all first time posting here and would really appreciate some thoughts/advice. My mother passed away unexpectedly in November 2020, I am an only child and leave with my wife & children. On the day my mother passed away I was ‘informed’ she was actually married to her long term partner who has lived with her since for approx 12 years. I have always maintained a distance from him with little to no relationship due to previous bad experiences with her ex-partners and decided that as long as she was happy I would not have anything to do with him.

My mother had me listed as sole beneficiary and executor of her estate on her will and I have Grant of Probate as of the end of December 2020. The only asset she had was her property which was in her sole name (both on the title and mortgage). There is a not insignificant interest only mortgage that needs to be cleared alongside some other credit card/overdraft debts and therefore I will need to sell the property to repay these. 

My ‘step-dad’ is still living in the property. I have previously and fairly regularly tried to keep him informed about everything although there is a language barrier as he speaks little to no English - he knows that it is my intention to sell the property. Until recently he has been telling me that he will be moving out at some stage noting difficulties to do so because of lockdown however we had a slight mis-understanding over the weekend which resulted in some things being said namely that I couldn’t simply just kick him out (even though I made no mention of this) and that he knew that could if wanted have some entitlement to the estate. 

Although I have somewhat resolved the dispute and got back to what I think is an amicable place I can’t help but be concerned about what his intentions now may be. The property as far as I’m concerned and what my mother always made clear was that it belonged to me/my children. I understand that as per the Inheritance Tax Act (1975) that he could argue that reasonable financial provisions have not been made for him. My mother did not work due to her health (and received whatever benefits she was entitled too) however he has always been self employed and therefore I don’t believe outside of the fact he lived ‘rent free’ he relied on her financially in any way. I should also mention that my mother had organised a post-nuptial agreement which I now have which is signed by both and verified by independent solicitors. 

I’m trying to understand firstly what claim he could have to the estate as I appreciate the post nuptial agreement is not legally binding and am I correct in assuming he would need to bring any such claim before 6 months from the issue of probate (which takes me to June) and what options do I have to remove him from the property if he refuses to leave and let me sell the property?

He does not make any rent payments to me, he pays the gas/electricity bill as that was in joint names previously and so has reverted to him and the council tax (which was in my mothers sole name previously) as when I spoke to the council I advised that he was staying in the property temporarily until he found somewhere and they advised that they would issue council tax bills to him until then. I have transferred water, home insurance and phone/broadband to my name.

Thanks in advance for any advice/help it’s much appreciated.

First thing you need to check is the date of the marriage and the date of the will. If your mother's will was made prior to her marriage and did not specifically include a reference to the anticipated marriage to [name of husband], the marriage will invalidate her will and unless she then made a new one, she has effectively died intestate.

I think you'll need some legal advice on this regardless. It sounds pretty messy and without having sight of all the relevant documents, it's impossible to give sensible advice.

Hi thanks for your reply - I should have mentioned dates sorry. She was married in 2009 as per the marriage certificate and her will was made in 2017  with the post nuptial a few years after the marriage. The will clearly states me as the sole beneficiary and executor. The post nuptial agreement is very clear in that any assets belonging to the individual concerned (including the house) will remain so and the other party in the event of divorce/death will have no claim. This has been signed/dated by mum and ‘step-dad’ and attested by separate solicitors. 

Dholking

getmore4less said:

My first thought comes from.

 On the day my mother passed away I was ‘informed’ she was actually married to her long term partner who has lived with her since for approx 12 years. 

Two important dates that of the  will and the marriage?


If there was no financial support  then that leaves the house which he possibly could try a claim for life interest.
But as there is a mortgage he would have to buy that out and the life interest would be in just the equity.

As he knows there is a mortgage has he shown any interest in buying the place?

Apologies see my previous note regarding dates.

No he has shown no interest in purchasing the property and frankly I don’t believe he would have the means to acquire a mortgage in any case.

Marcon

Dholking said:

Marcon said:

Dholking said:

Hi all first time posting here and would really appreciate some thoughts/advice. My mother passed away unexpectedly in November 2020, I am an only child and leave with my wife & children. On the day my mother passed away I was ‘informed’ she was actually married to her long term partner who has lived with her since for approx 12 years. I have always maintained a distance from him with little to no relationship due to previous bad experiences with her ex-partners and decided that as long as she was happy I would not have anything to do with him.

My mother had me listed as sole beneficiary and executor of her estate on her will and I have Grant of Probate as of the end of December 2020. The only asset she had was her property which was in her sole name (both on the title and mortgage). There is a not insignificant interest only mortgage that needs to be cleared alongside some other credit card/overdraft debts and therefore I will need to sell the property to repay these. 

My ‘step-dad’ is still living in the property. I have previously and fairly regularly tried to keep him informed about everything although there is a language barrier as he speaks little to no English - he knows that it is my intention to sell the property. Until recently he has been telling me that he will be moving out at some stage noting difficulties to do so because of lockdown however we had a slight mis-understanding over the weekend which resulted in some things being said namely that I couldn’t simply just kick him out (even though I made no mention of this) and that he knew that could if wanted have some entitlement to the estate. 

Although I have somewhat resolved the dispute and got back to what I think is an amicable place I can’t help but be concerned about what his intentions now may be. The property as far as I’m concerned and what my mother always made clear was that it belonged to me/my children. I understand that as per the Inheritance Tax Act (1975) that he could argue that reasonable financial provisions have not been made for him. My mother did not work due to her health (and received whatever benefits she was entitled too) however he has always been self employed and therefore I don’t believe outside of the fact he lived ‘rent free’ he relied on her financially in any way. I should also mention that my mother had organised a post-nuptial agreement which I now have which is signed by both and verified by independent solicitors. 

I’m trying to understand firstly what claim he could have to the estate as I appreciate the post nuptial agreement is not legally binding and am I correct in assuming he would need to bring any such claim before 6 months from the issue of probate (which takes me to June) and what options do I have to remove him from the property if he refuses to leave and let me sell the property?

He does not make any rent payments to me, he pays the gas/electricity bill as that was in joint names previously and so has reverted to him and the council tax (which was in my mothers sole name previously) as when I spoke to the council I advised that he was staying in the property temporarily until he found somewhere and they advised that they would issue council tax bills to him until then. I have transferred water, home insurance and phone/broadband to my name.

Thanks in advance for any advice/help it’s much appreciated.

First thing you need to check is the date of the marriage and the date of the will. If your mother's will was made prior to her marriage and did not specifically include a reference to the anticipated marriage to [name of husband], the marriage will invalidate her will and unless she then made a new one, she has effectively died intestate.

I think you'll need some legal advice on this regardless. It sounds pretty messy and without having sight of all the relevant documents, it's impossible to give sensible advice.

Hi thanks for your reply - I should have mentioned dates sorry. She was married in 2009 as per the marriage certificate and her will was made in 2017  with the post nuptial a few years after the marriage. The will clearly states me as the sole beneficiary and executor. The post nuptial agreement is very clear in that any assets belonging to the individual concerned (including the house) will remain so and the other party in the event of divorce/death will have no claim. This has been signed/dated by mum and ‘step-dad’ and attested by separate solicitors. 

Great - valid will, which certainly helps!

The existence of the post-nuptial strengthens your hand, but if he does decide to claim under the Inheritance Act (he has six months from the date probate was granted, as you rightly say), you won't be able to stop him bringing a claim, but whether it succeeds is another matter entirely. 

I can only repeat my previous suggestion that you do need to get proper legal advice, based on sight of all the documents, if it seems that he is not going to play ball - but (as I'm sure you are keeping in mind), he has just lost his wife and is probably about to lose his home, so it would be no real surprise if he wasn't the easiest to deal with.

xylophone

Looking at the article below, it seems to me (no expert) that in the event of a dispute, there would be a high chance of the agreement being upheld.

https://www.forsters.co.uk/nuptial-agreements/top-five-myths-about-nuptial-agreements
It would seem that 

1.  The terms were fair. 
2. It  was entered into without duress. 
3. Both parties understood the terms, with both having obtained independent legal advice. 
4. Full financial disclosure  was provided.

Sea_Shell

Is the mortgage still being paid?  By you?

As you say, you need to sell to settle this.

The nuclear option, if he refused to move out could be to stop paying the mortgage and let the lender repossess?

Although I don't know how their fees might stack up against your legal fees if you needed to go to court.

What equity do you believe there to be in the property?

Hopefully it won't come to that and he'll agree to leave.

xylophone

The nuclear option, if he refused to move out could be to stop paying the mortgage and let the lender repossess?

The OP has Probate and is the executor of his late mother's apparently solvent estate.

He has a duty to act appropriately in respect of her liabilities and in respect of any residue left for the beneficiaries.

Taking this "nuclear option" would be grossly irresponsible and quite possibly illegal?

Sea_Shell

xylophone said:

The nuclear option, if he refused to move out could be to stop paying the mortgage and let the lender repossess?

The OP has Probate and is the executor of his late mother's apparently solvent estate.

He has a duty to act appropriately in respect of her liabilities and in respect of any residue left for the beneficiaries.

Taking this "nuclear option" would be grossly irresponsible and quite possibly illegal?

Ok, maybe not then...

However what would happen if there isn't enough ready cash in the estate to pay the mortgage, if all benefits/income of the deceased have  now stopped?

Surely it's not the executors "personal" responsibility to pay it?  

Sea_Shell

Just another thought...

Is there no life insurance to cover the mortgage?