Inheritance dependence nightmare

Loolah001

Hi all

I will try and keep this short - my dad recently passed away.
his will was outdated and detailed his girlfriend being allowed to stay in his solely owned property for her lifetime provided she maintained it.
the property mentioned in the will has been sold and another property bought in my dads name.
We have looked at varying the will to allow his former girlfriend to live at the new property however she is refusing to allow us any personal effects or give back items that have to be sold as part of the estate.
it may seem petty but my sibling is refusing to allow the variance to go ahead - what can I do? 

NorthYorkie

Are you an executor?
What is the exact wording of the will as regards the house?

Keep_pedalling

What is the exact wording of the clauses that refer to the life interest in his property (redact ant personal details) ?

Mands

Loolah001 said:

Hi all

I will try and keep this short - my dad recently passed away.
his will was outdated and detailed his girlfriend being allowed to stay in his solely owned property for her lifetime provided she maintained it.
the property mentioned in the will has been sold and another property bought in my dads name.
We have looked at varying the will to allow his former girlfriend to live at the new property however she is refusing to allow us any personal effects or give back items that have to be sold as part of the estate.
it may seem petty but my sibling is refusing to allow the variance to go ahead - what can I do? 

Which came first: the girlfriend's refusal to hand over personal effects or your sibling's refusal of a DoV?

Loolah001

The girlfriends refusal to hand over any personal effects and the fact the house has been unoccupied for 3 months

Loolah001

Are you an executor?
What is the exact wording of the will as regards the house?

I am an executor as well as a beneficiary
the will states about a former named house that was sold 5 years ago and a probate solicitor has advised to minimise a claim against his estate by his girlfriend we vary the will and add in the new address 

Yorkie1

You will need to provide the actual details (redacted) of the clause in the will which set up the trust, not paraphrased

Marcon

Why is this a 'nightmare'?

Grumpy_chap

Loolah001 said:

The girlfriends refusal to hand over any personal effects and the fact the house has been unoccupied for 3 months

Sorry for your loss.

If the property has been unoccupied for the past 3 months, where is the girlfriend living at present?

Who has access to the property at present?
Really, the Executors should secure the property.  That may mean changing locks.  It may be contentious but, if the property is unoccupied. it is easier to do and not restricting anyone (the girlfriend) access to her home.  Presumably most personal effects are within the home.

Typically, a clause allowing a surviving partner to continue to live in the home would have been written with a clause that facilitates succession of property before death.  So a reference to "my home at XYZ" with a note referring to any change of primary residence.

If the girlfriend is not living at your Father's home, that rather weakens any "dependency" she has on the use of the home.

Loolah001

This is how the will reads

3.

(a)

(b)

upon the following Trusts :

In respect of G the right to reside at this property for the remainder of her life free of any payment of rent subject to the said G being responsible for day to day expenses such as utility charges, adequate insurance of the property for repairs and such like and In respect of the properts

4 Which is subject to tenancy

the right to the rent and net income and profis thereof for the remainder of her life

PROVIDED upon the death of the said G the two properties

shall be held on Trust for my daughters J and L in equal shares absolutely.

1 GIVE the furniture, fittings and personal belongings that I own at G to the said G absolutely.

 

Loolah001

The girlfriend has been living with her daughter and the solicitor has advised we cannot change the locks as the property hasn’t had the variation completed
only the girlfriend has access to the property and any items in the home. The car etc