Understanding Dad's Will

miss_saski

Hello,

My dad died last week (finally at peace after being bed-bound in a care home for 7 years), and I have found his Will and am trying to understand what will happen to the house he partly owned with his wife/my mum.

As well as myself, he had 3 other daughters. 1 was from a previous marriage. My step-sister is already pestering about what she has been left, even though she is definitely not struggling for money. I have currently not told her that I have found a Will yet, as my mum has decided to deal with all of that after his funeral next week. But as I currently live in the house (mum moved out just before dad went into a nursing home), I am getting worried that I may have to start looking for a new home to pay my step-sister her inheritance if she is due anything. I suffer from anxiety and definitely overthink things so this could just be me being me!

My mum and dad own the house as Tenants in Common (50/50), and they were still married at the time of death. There is still a mortgage on the property which is in both their names, so I am assuming that debt will just pass to mum.

In his Will, the 5th clause states:

 "If my said wife should survive me for thirty days I give all my real and personal property not otherwise specifically disposed of by this my Will or any Codicil hereto to my said wife absolutely or if for any reason my said wife shall fail to attain a vested interest therein the following provisions with regard thereto will apply"

I have read this as:

If mum survives for 30 days after his death, she gets everything unless otherwise stated. If she should die within 30 days, the rest of the Clauses will come into affect.

Is this correct? Does that mean she would inherit his 50% share of the house and all his property? There were no additional notes to the Will or specific items named.

We will be seeking Legal Advice as he does also have interest in his brother's house, but as I mentioned, my step-sister is already hankering after inheritance and he has not even been buried yet. I am just really after some reassurance that I will not be kicked out my home!

comeandgo

Which country are you in?

Van_Girl

Could you confirm if it's your step-sister or your half sister? A step-sister would not be a blood relation of your father, so would not be in line to inherit anyway?

miss_saski

comeandgo said:

Which country are you in?

England

Van_Girl said:

Could you confirm if it's your step-sister or your half sister? A step-sister would not be a blood relation of your father, so would not be in line to inherit anyway?

I apologise if the term was wrong. I have always been told she is my step-sister. She is my dad's daughter from a previous marriage.

bobster2

I would have thought, in England - with a valid will leaving everything to a spouse - nobody else will be entitled to anything. It's very common - leaving everything to a spouse.

But it is important to tell relatives there is a will - and who the executor is - otherwise they may think they need to apply for letters of administration.

Keep_pedalling

You are correct, none of his children inherit anything unless your mother dies in the next few weeks. 

If the mortgage is in joint names then your mother becomes responsible for the payments, if it was in his name only then either your mother will need a new mortgage, pay off the outstanding loan or sell up to settle the loan.

it seems your fathers will fails to provide for your step sister who, unless you mother’s will leaves her a share of her estate, will be disinherited.

miss_saski

bobster2 said:

I would have thought, in England - with a valid will leaving everything to a spouse - nobody else will be entitled to anything. It's very common - leaving everything to a spouse.

But it is important to tell relatives there is a will - and who the executor is - otherwise they may think they need to apply for letters of administration.

I know it is pretty regular practise to leave everything to the spouse, but what is it with legal documents using a foreign language?!

Mum is happy with me living in the house, but like I said, I am just in need of some reassurance that she will get it all.

I will tell relatives once my mum has got the funeral arrangements sorted - final meeting today with funeral director so it wont be long. Mum is the only other person who has seen dad's Will, and is named as an Executor along with her sister. This probably won't go down well either with my step half-sister, who seems to think she will be getting something

Rob5342

You don't need to get involved really, as executors your mum and sister are the ones to deal with it all. It was your Dad's decision so he is the only person your half sister can be unhappy with.

stuhse

Does the will not leave her anything specifically ?

"If my said wife should survive me for thirty days I give all my real and personal property not  otherwise specifically disposed  of by this my Will or any Codicil hereto to my said wife absolutely or if for any reason my said wife shall fail to attain a vested interest therein the following provisions with regard thereto will apply"

Also, how were the care home fees paid for ?

Keep_pedalling

stuhse said:

Does the will not leave her anything specifically ?

"If my said wife should survive me for thirty days I give all my real and personal property not  otherwise specifically disposed  of by this my Will or any Codicil hereto to my said wife absolutely or if for any reason my said wife shall fail to attain a vested interest therein the following provisions with regard thereto will apply"

Also, how were the care home fees paid for ?

Bed-bound for 7 years does nor sound like it was something you would get NHS funded care for.

stuhse

This is why i asked, his share of the house may have gone in care home fees ?