Resolved

Chrissytree

Bit of a complicated situation:
My parents had 3 different timeshares with Seasons Resorts. My Mum died 10 years ago but I don't think anything was done to transfer it to the beneficiaries - myself and my 2 siblings.

They had a 2x 16 year "keys" contracts which are all coming to an end. The one where you purchase and get 16 years maintenance free then you're supposed to be able to sell it or continue for another 16 years and get nothing back at the end. 

I'm not entirely sure what's happened but he said he's taken out a new scheme instead where they offer 49 nights over 7 years for £13k. My father did this in October 2022 without consulting any of us. As far as I know he shouldn't have any more to pay. It should be either selling the property (but of course the market has crashed) or carrying on for 16 more years free but with no return at the end. This doesn't seem to be linked to either of his "keys" scheme. So this can probably be ignored.

He's just got back from a resort and has been told they haven't managed to sell the 1st "keys" thing but are valuing it at £3k. They're deducting this from the £13k 49 nights scheme for this second contract and he's already signed up to pay £10k. They did this very early on his 2 week trip so the 14 days cooling off ended on Saturday, too early for me to contact them to query it.


So! My question is: can I use the inheritance to my advantage and say that he doesn't have the authority to sign as he's only a half share holder? He's easily manipulated but I don't have power of attorney or anything. I'm just hoping that if I show them my Mum's Will that I might be able to void the most recent contract. I know, it's a big IF. I'm happy for him to take out one of them, if that's what he wants, but I'm just confused about why he doesn't seem to have been offered his next 16 years for free. I'd also prefer to cancel the second one and very much want to prevent him from being conned into a third!

Any advice would be welcome!

We have to go for an in person appointment on Wednesday so would like to have all my info ready.

NoodleDoodleMan

Sounds like a job for a specialist lawyer in that field ?

Several questions to be addressed - such as who executed your mother's will and why were her instructions not acted upon, if indeed such were the case ?

Do you have a copy of the will ?

Chrissytree

NoodleDoodleMan said:

Sounds like a job for a specialist lawyer in that field ?

Several questions to be addressed - such as who executed your mother's will and why were her instructions not acted upon, if indeed such were the case ?

Do you have a copy of the will ?

I have a copy of the Will and it was myself and sister who dealt with it. To be honest we forgot about the Timeshare and it wasn't mentioned in the Will at all. I'm not sure if Seasons would have assumed her estate passed to my Dad.

NoodleDoodleMan

It would have passed to her spouse in entirety in the first instance would it not ?

I would be consulting a lawyer.

Chrissytree

NoodleDoodleMan said:

It would have passed to her spouse in entirety in the first instance would it not ?

I would be consulting a lawyer.

He wasn't included in the Will. I'm not sure how they set these things up. I'll look in to a lawyer, just hope I can find one interested in helping rather than a no win no fee type.

TELLIT01

The situation could get messy. It was up to the executors to ensure that all assets/liabilities were identified and addressed in accordance with the Will.  If the Will simply said something along the lines of all assets are to be distributed equally amongst my children, and that didn't happen, the executors have failed to carry out their duties.

It may be that liability would have ended with the death of the mother had the family not continued to pay the fees and make use of the timeshare.  This is all supposition and they really do need to speak to a solicitor.

Chrissytree

TELLIT01 said:

The situation could get messy. It was up to the executors to ensure that all assets/liabilities were identified and addressed in accordance with the Will.  If the Will simply said something along the lines of all assets are to be distributed equally amongst my children, and that didn't happen, the executors have failed to carry out their duties.

It may be that liability would have ended with the death of the mother had the family not continued to pay the fees and make use of the timeshare.  This is all supposition and they really do need to speak to a solicitor.

There were no fees involved, it was a one off payment with no maintenance fees afterwards. Only my father has made use of the timeshare. I'll get in touch with a solicitor. Thanks

NoodleDoodleMan

"Bit of a complicated situation:

My parents had 3 different timeshares with Seasons Resorts. My Mum died 10 years ago but I don't think anything was done to transfer it to the beneficiaries - myself and my 2 siblings."

In which case, it appears that neither your father nor Seasons Resorts have done anything which they were not entitled to do in the circumstances ?

Presumably your father was an equal partner with your late mother in the timeshare agreement, therefore the beneficiaries would only be entitled to an equal share of 50% ownership ?

However I'm no legal expert - I think we are all agreed that this needs a lawyer.

sheramber

If it was a joint agreement then it would revert to your father on your mother's death.

It would not be part of her estate.

Do you copies of the original agreements?

NoodleDoodleMan

"If it was a joint agreement then it would revert to your father on your mother's death."

That was my initial thought as well - but without knowing the specifics of the agreement we can only assume.

Is Seasons a UK based outfit ?

This TripAdvisor thread continues to have legs after 12 years - https://www.tripadvisor.co.uk/ShowTopic-g1-i10700-k5507700-o290-Seasons_Holidays_Timeshare-Timeshares_Vacation_Rentals.html