Charge over property, but Petitioner has now died.

Scottish_Dorset

This is side issue of another post I have on here currently:

https://forums.moneysavingexpert.com/discussion/6599861/understanding-a-will/p1

My in-laws divorced in 1999. The house was transferred to my mother-in-law but with a charge of 25% net value to be paid to my father-in-law on her death, the sale of house or if she remarried. My father-in-law died 4 years ago and his estate has been administered (see the link above). What happens now when my mother-in-law eventually dies? Did the charge diminish on her ex-husband's death? The executor of my father-in-law's will knew about this charge, the executor was his second wife.

The charge states:

"Upon completion of the transfer of the property to the Respondent shall forthwith execute a charge upon the property in favour of the Petitioner for 25% of the net proceeds of the sale of the property......"

Any direction would be most gratefully received. Thank you.

Scottish_Dorset

Anyone, please?

madbadrob

The share of your F-I-L becomes a part of his estate on his death and once your M-I-L dies the administrator or executor would receive that share to pass to those who became entitled on the F-I-L's death.  These are common reasons that Heir Hunters can become involved in non intestate estates.  Its the same if your M-I-L as bank accounts in the joint name with her ex husband.  I hope this helps

Rob