Inheritance dependence nightmare

Loolah001

Marcon said:

Why is this a 'nightmare'?

It’s a nightmare as the house is empty the girlfriend will not answer the solicitor or myself the executor and it is causing huge upset to the children

Loolah001

Grumpy_chap said:

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.

I have added what the will reads as 

Loolah001

Yorkie1 said:

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

I have added the will information as requested on the thread sorry not sure how to do this fully

Grumpy_chap

Loolah001 said:

she is refusing to allow us any personal effects or give back items that have to be sold as part of the estate.

Well, looking a the extract from the Will that you have shared, there is:
 - Property A at which the girlfriend can live rent free for the remainder of her life
 - Property B which is let out and the girlfriend can have the rental income (presumably assuming the responsibilities of LL as well) for the remainder of her life.
When the girlfriend passes, both properties then go to the two daughters.

The extract from the Will also says "GIVE the furniture, fittings and personal belongings that I own at Property A to the girlfriend".  So, are there any personal effects or items that have to be sold as part of the Estate that would not be at Property A?

The complexity that arises seems to boil down to the simple question (but not necessarily simple answer) that, as Property A has been sold and replaced with Property C, does "Property C" replace "Property A" in the Will?

A Solicitor should be able to advise on the interpretation and implementation of the above question as a fairly routine and matter of fact matter.

Loolah001

Grumpy_chap said:

Loolah001 said:

she is refusing to allow us any personal effects or give back items that have to be sold as part of the estate.

Well, looking a the extract from the Will that you have shared, there is:
 - Property A at which the girlfriend can live rent free for the remainder of her life
 - Property B which is let out and the girlfriend can have the rental income (presumably assuming the responsibilities of LL as well) for the remainder of her life.
When the girlfriend passes, both properties then go to the two daughters.

The extract from the Will also says "GIVE the furniture, fittings and personal belongings that I own at Property A to the girlfriend".  So, are there any personal effects or items that have to be sold as part of the Estate that would not be at Property A?

The complexity that arises seems to boil down to the simple question (but not necessarily simple answer) that, as Property A has been sold and replaced with Property C, does "Property C" replace "Property A" in the Will?

A Solicitor should be able to advise on the interpretation and implementation of the above question as a fairly routine and matter of fact matter.

The solicitor said property c does not replace a or b but to minimise a claim on inheritance a variance can be added to the will however the property is empty as she isn’t living there so it is depreciating 

Keep_pedalling

From the extract you gave, it seems that will gives her a right to live in a specific property that no longer falls within the estate, therefore that clause fails and she has no right to live in the new property. Making a deed of variation that allows her to do so could have major consequences on IHT as putting his home in trust looses the ability of the estate to claim the residential NRB. 

I agree with the title of this thread your father has left behind a financial nightmare for you to deal with.

Marcon

Loolah001 said:

Marcon said:

Why is this a 'nightmare'?

It’s a nightmare as the house is empty the girlfriend will not answer the solicitor or myself the executor and it is causing huge upset to the children

A house being empty isn't a nightmare; it's a nuisance -  but when a bereavement is recent and grief is raw, everyone's emotions go into freefall. The answer may simply be: wait - very easy to say, much more difficult to do.

Not sure why you're posting here when you already have a professional advising you who has had sight of the will and knows the circumstances. The responses you are getting are almost exclusively from amateurs who are relying on googling and guesswork and aren't going to help you progress this. Listen to your solicitor - that's why you engaged them.

doodling

Hi,

This is missing a lot of context.

• Has the girlfriend suggested that she will make an Inheritance Act claim?
• Have negotiations with the girlfriend with respect to seeing off an Inheritance Act claim begun?
• It seems that all personal effects are bequeathed to the girlfriend so why is there an argument about them?
• Is the desire to do a variation a moral one, something arising as a result of the girlfriend suggesting she will pursue an inheritance act claim, something the solicitor has dreamed up in the absence of an approach by the girlfriend, an attempt to acquire some of the personal effects which would otherwise go to the girlfriend or something else (the answer might be more than one of these!)?
• If the girlfriend is not answering, how has she managed to refuse to do anything?

Ultimately if one of the beneficiaries does not want to give up their inheritance then that is their right.  If that then leads to an inheritance act claim then they might reconsider their position as legal action will tend to reduce their inheritance, no matter what the result.

If negotiations with the girlfriend have not begun then there is (in general) a time limit of 6 months after probate for an Inheritance Act claim to be brought - there is always the possibility of getting probate, waiting 6 months and then proceeding as per the original will (i.e. with the girlfriend getting personal effects only).

Keep_pedalling

Is the solicitor you are using one who is qualified to deal with trusts and potential contentious probate? The majority won’t be.

NorthYorkie

Loolah001: This is confusing! There seem to be two properties and you say the will says "In respect of G the right to reside at this property" What is "this property". Is it the one you say was sold 5 years ago or the one you now say is unoccupied?
Please clarify.