Beneficiaries / will in trust

mighty_hammers

My mother just died and her will leaves my sister and I as executors and beneficiaries. She owned the house equally with my father. It goes on to say that it is a will in trust. My father says it means nothing and everything goes to him. I think it means we own her share.   He wants to be the sole name on the land registry, but I think we need ours on to protect our share. Also she had quite a substantial amount in a money a bank account in her name only. He initially said he didn't want any of it, but now has back tracked. 
As beneficiaries where do we stand with the money / house. Thank you. I would go to a solicitor but is guarding the will, and I don't want to upset him.

Keep_pedalling

What is the exact wording regarding the house? 

mighty_hammers

If only I could remember exactly. I  Will try and get a photo.  It stated we were the  beneficiaries, of her share of the property to be held in trust, and I assume any money. Problem is my father is nearer 88, and unsteady in his thinking. Saying different things very day. 

Keep_pedalling

mighty_hammers said:

If only I could remember exactly. I  Will try and get a photo.  It stated we were the  beneficiaries, of her share of the property to be held in trust, and I assume any money. Problem is my father is nearer 88, and unsteady in his thinking. Saying different things very day. 

It sounds like she has left her share to her children with her husband getting a lifetime interest. This is quite common and his will almost certainly says the same but in his grief he is struggling to grasp what they did together when they made their wills however many years ago.

RAS

Who are the executors? They need to do whatever is required by the will, not whatever you and dad agree or disagree to do with respect to the house and bank account.

As Keep_pedalling indicates it sounds like they were tenants in common, and mum's half is shared between you and your sister, with a life interest trust covering your father. Assuming England or Wales, you can confirm this by downloading the deeds from the Land  He is however the sole survivor and can appoint the other trustee(s)/agree or disagree to the property being put in your joint names.

Putting it in joint names does have disadvantages as well as advantages, particularly if you are likely to sell it after he dies.

xylophone

Putting it in joint names does have disadvantages as well as advantages, particularly if you are likely to sell it after he dies.

Not if they are the Trustees of the Immediate Post Death Interest in Possession Trust.

Assuming that the parents were TiC, there will be a Form A restriction and this stays in place.

The names of the Trustees can be recorded (but this does need the father's permission because he is the sole surviving legal owner) - the mother's will shows that they are proprietors as Trustees.

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

https://www.thewillbureau.co.uk/news/2018/6/29/what-is-an-immediate-post-death-interest

https://techzone.adviserzone.com/anon/public/iht-est-plan/Tech-guide-iht-on-death

If the OP and his sister are exors, they should  inform the bank holding their mother's account of her death, supply a copy of the death certificate and advise that they are executors of the will and  are applying for probate.

They will need the original will in order to to this.

When father dies, they will be the sole surviving legal owners and can sell as such.

theoretica

You need to know if your parents owned the house tenants in common or joint tenants.  If joint tenants, your father unquestionably owns the whole house now.  Confirming that is a first key step.

Marcon

mighty_hammers said:

My mother just died and her will leaves my sister and I as executors and beneficiaries. She owned the house equally with my father. It goes on to say that it is a will in trust. My father says it means nothing and everything goes to him. I think it means we own her share.   He wants to be the sole name on the land registry, but I think we need ours on to protect our share. Also she had quite a substantial amount in a money a bank account in her name only. He initially said he didn't want any of it, but now has back tracked. 
As beneficiaries where do we stand with the money / house. Thank you. I would go to a solicitor but is guarding the will, and I don't want to upset him.

If you're one of the executors you not only need to have the original will, you need to ensure you understand it. You don't, so a spot of early legal advice is by far your best option. Really no point posting here when the exact wording isn't available.

xylophone

you need to ensure you understand it. You don't, so a spot of early legal advice is by far your best option. 

Yes.  The solicitor will need to see the original will so you will need to ask your father for the document to take to your appointment.

mighty_hammers

My sister and I are executors and beneficiaries.  I will make a solicitors appointment, and get it explained. Thanks.

Flugelhorn

mighty_hammers said:

My sister and I are executors and beneficiaries.  I will make a solicitors appointment, and get it explained. Thanks.

just make sure that you check up on how the property is owned - if it is not tenants in common then it goes to your father anyway as you mother didn't own half to leave. You can check on the land registry, costs £3 and you can download the property title