Deed of variation - right to occupy v life interest v need advice?

Sea_Shell

Who's the other executor?

Has he applied for probate?

DisappointedSiblings

Sea_Shell said:

Who's the other executor?

Has he applied for probate?

The solicitor is the second executor, we think the paper work for Probate has been done but not submitted yet.

xylophone

The solicitor is the second executor, 

He is not permitted to favour one beneficiary over another and neither is the stepfather executor permitted to favour himself as a beneficiary over the other beneficiaries.

In the siblings' place, I might be inclined to seek advice from my own solicitor.

Sea_Shell

xylophone said:

The solicitor is the second executor, 

He is not permitted to favour one beneficiary over another and neither is the stepfather executor permitted to favour himself as a beneficiary over the other beneficiaries.

In the siblings' place, I might be inclined to seek advice from my own solicitor.

Maybe not, but they can drag their heels and make life very difficult.  We sadly read about these sort of issues all the time here.

DisappointedSiblings

xylophone said:

The solicitor is the second executor, 

He is not permitted to favour one beneficiary over another and neither is the stepfather executor permitted to favour himself as a beneficiary over the other beneficiaries.

In the siblings' place, I might be inclined to seek advice from my own solicitor.

We are starting to think  that this is what we will have to do. If we do agree for him to stay for a set length of time is it reasonable to suggest that he is responsible for the upkeep, maintenance and running costs/bills?

DisappointedSiblings

Sea_Shell said:

xylophone said:

The solicitor is the second executor, 

He is not permitted to favour one beneficiary over another and neither is the stepfather executor permitted to favour himself as a beneficiary over the other beneficiaries.

In the siblings' place, I might be inclined to seek advice from my own solicitor.

Maybe not, but they can drag their heels and make life very difficult.  We sadly read about these sort of issues all the time here.

He has dragged his heels to date tbh and already makes life v difficult, we truly appreciate your thoughts. Thank you.

xylophone

He has dragged his heels to date 

No doubt because it is in his interests to do so - however, his co exor (who is after all a professional), should be handling this matter in the best interests of all the beneficiaries.

The will appears to be very badly drafted - was it a DIY effort?

As it stands, I simply do not understand how the solicitor can say that the stepfather needs the siblings' permission to live in the property.

If the house were indeed transferred into his name and those of the siblings as Trustees of the IIP Trust, he would have a perfect right to live in the property for as long as he wished - if he wished to sell, he would need the siblings to agree to the sale and once accomplished, he would have the right to half the proceeds.

It would appear that the will also gives him the right to expect that the running costs of the house (all bills/maintenance/insurance etc) should be paid from funds in the estate.

I cannot think that this is what mother intended - it seems to me that she envisaged that the house would be sold within a reasonable period of her death (months rather than years) during which time the estate would quite properly fund its expenses - the widower would then get half the proceeds of the house (and the cash in bank accounts etc) while the siblings shared the rest.

I think that the siblings should obtain their own professional advice.

Mrs_pbradley936

I think you should consult your own solicitor. Worth the price of a consultation fee - oh and get a decent firm that has experience in contentious probate matters. That way you will know if you have any options and what they are. I suppose it depends on how old he is because if in his 80s or 90s it could all be over before long but if in his 60s this could go on for years.

Silvertabby

What a nightmare, on top of the loss of mum.  My sympathies.

If this chap does need the siblings permission to remain in the house, then it does sound like mum had intended that the house be sold and the estate settled within a reasonable time scale, especially when you add in the bit about all bills and expenses being paid for by the estate.

I'm not an expert, but surely allowing him to stay would mean that the residual funds couldn't be distributed to the named beneficiaries because they would have to be permanently reserved to pay for the ongoing house costs? And what happens once the funds have been exhausted?  Will this chap then expect the siblings to pay the bills for 'their' house?

DisappointedSiblings

xylophone said:

He has dragged his heels to date 

No doubt because it is in his interests to do so - however, his co exor (who is after all a professional), should be handling this matter in the best interests of all the beneficiaries.

The will appears to be very badly drafted - was it a DIY effort?

As it stands, I simply do not understand how the solicitor can say that the stepfather needs the siblings' permission to live in the property.

If the house were indeed transferred into his name and those of the siblings as Trustees of the IIP Trust, he would have a perfect right to live in the property for as long as he wished - if he wished to sell, he would need the siblings to agree to the sale and once accomplished, he would have the right to half the proceeds.

It would appear that the will also gives him the right to expect that the running costs of the house (all bills/maintenance/insurance etc) should be paid from funds in the estate.

I cannot think that this is what mother intended - it seems to me that she envisaged that the house would be sold within a reasonable period of her death (months rather than years) during which time the estate would quite properly fund its expenses - the widower would then get half the proceeds of the house (and the cash in bank accounts etc) while the siblings shared the rest.

I think that the siblings should obtain their own professional advice.

The will was written by or with the same firm of solicitors. So not a DIY effort. Useful points here thank you!