Is a Larke vs Nugus worth the £1500 + VAT if not contesting the contents of the will??

Zimara25

Hi All,

I have instructed a solicitor with regards to my late husbands will. He didn't have a previous will and made his will 4 day before he passed of stomach cancer. The executors refused to send me a copy of the will so my solicitor sent them a letter and we received the will. My husband left everything to our two children for reason which i understand but we owned a property together (tenancy in common). The children's 50% is to go a trust fund set up for when they reach 25 years of age. I would like to apply for a life interest in the asset as one of the executors suggested that when they do reach 25 years i would need to mortgage to give them the money.
My solicitor has requested the will notes from my husbands solicitor but have refused and have suggested sending them a Larke and Nugus letter for £1500. 

Given i don't wish to contest the wishes of the will i do want peace of mind that I won't have to mortgage at the age of 55 in 7 years time, i just want peace of mind that i can stay in the family home with no potential awkward conversations with my kids later (not that i think they would)??

Thank you in advance.

Sarahspangles

Sorry to hear of your loss, that’s very sad especially given your and your children’s young age.  

Is your solicitor suggesting you might be better off if the Will was invalid and the rules of intestacy applied? 

Spendless

I'm so sorry, that must be very hard. It might help with replies if you can give more details eg what part of the UK you live in, were you and your husband still together or were separated? 

You must have had your reasons for having a property as tenants in common rather than joint tenants? 

Was there more left to the children than just the property has any other assets gone to them too?   

Zimara25

Sarahspangles said:

Sorry to hear of your loss, that’s very sad especially given your and your children’s young age.  

Is your solicitor suggesting you might be better off if the Will was invalid and the rules of intestacy applied? 

I guess that is the worst case scenario but i don't want hefty legal fees, i just don't want to be at the mercy of executors for 7 yrs and potentially having to re-mortgage or move out at 55yrs old.

Zimara25

Spendless said:

I'm so sorry, that must be very hard. It might help with replies if you can give more details eg what part of the UK you live in, were you and your husband still together or were separated? 

You must have had your reasons for having a property as tenants in common rather than joint tenants? 

Was there more left to the children than just the property has any other assets gone to them too?   

Spendless said:

I'm so sorry, that must be very hard. It might help with replies if you can give more details eg what part of the UK you live in, were you and your husband still together or were separated? 

You must have had your reasons for having a property as tenants in common rather than joint tenants? 

Was there more left to the children than just the property has any other assets gone to them too?   

Hi, thank you for your response. I live in the UK and my husband and I were separated in 2019 after 24 years (16yrs married) but he moved back into the family home when he was diagnosed with cancer on 2021 until parting.
My husband only had £8k cash and 50% in the house.

Spendless

Zimara25 said:

Hi, thank you for your response. I live in the UK and my husband and I were separated in 2019 after 24 years (16yrs married) but he moved back into the family home when he was diagnosed with cancer on 2021 until parting.
My husband only had £8k cash and 50% in the house.

What part of the UK? It's just that Scottish law is different, so enables correct replies. 

Zimara25

EnglandSpendless said:

Zimara25 said:

Hi, thank you for your response. I live in the UK and my husband and I were separated in 2019 after 24 years (16yrs married) but he moved back into the family home when he was diagnosed with cancer on 2021 until parting.
My husband only had £8k cash and 50% in the house.

What part of the UK? It's just that Scottish law is different, so enables correct replies. 

England

Marcon

Zimara25 said:

Hi All,

I have instructed a solicitor with regards to my late husbands will. He didn't have a previous will and made his will 4 day before he passed of stomach cancer. The executors refused to send me a copy of the will so my solicitor sent them a letter and we received the will. My husband left everything to our two children for reason which i understand but we owned a property together (tenancy in common). The children's 50% is to go a trust fund set up for when they reach 25 years of age. I would like to apply for a life interest in the asset as one of the executors suggested that when they do reach 25 years i would need to mortgage to give them the money.
My solicitor has requested the will notes from my husbands solicitor but have refused and have suggested sending them a Larke and Nugus letter for £1500. 

Given i don't wish to contest the wishes of the will i do want peace of mind that I won't have to mortgage at the age of 55 in 7 years time, i just want peace of mind that i can stay in the family home with no potential awkward conversations with my kids later (not that i think they would)??

Thank you in advance.

Why is your solicitor quoting £1500 for simply sending what is a standard legal letter?

Keep_pedalling

Are you on good terms with your children? Are they adults?

If the answer to both those questions is yes then hopefully they would agree to make a deed of variation to give you a life interest. If they do that you can take the solicitors out of the loop.

This may also be in their best interests because what he has done is not the most sensible approach as it is likely to leave them with a CGT liability when the house is eventually sold, and if they are not already home owners is going to lose them their first time buyer status. They the only way they could cash in when the trust is wound up without your agreement is through a court order which would be expensive with a strong chance of the application failing.

Sarahspangles

Out of interest was the firm used a ‘will writing firm’ and are they the only executors?

Flugelhorn

Keep_pedalling said:

Are you on good terms with your children? Are they adults?

If the answer to both those questions is yes then hopefully they would agree to make a deed of variation to give you a life interest. If they do that you can take the solicitors out of the loop.

This may also be in their best interests because what he has done is not the most sensible approach as it is likely to leave them with a CGT liability when the house is eventually sold, and if they are not already home owners is going to lose them their first time buyer status. They the only way they could cash in when the trust is wound up without your agreement is through a court order which would be expensive with a strong chance of the application failing.

I was wondering about DoV to sort this out - are the children still minors? presume they can do this when they reach 18?