Inheritance dependence nightmare

Loolah001

Grumpy_chap said:

Savvy_Sue said:

Loolah001 said:
The probate solicitor has advised they have never come across the issue of properties sold and new properties bought? I’m lost

IANAL, but this comment seems to indicate a lack of expertise and / or experience on the part of this solicitor. Seem to remember this being covered in the Which Guide to Wills and Probate I used some years ago ...

The issue of home sold and new home coming into being must be exceedingly common.

poseidon1 said:

Putting aside all the additional details you have since shared,  the critical passage above is the probate solicitor advising on the wisdom of  varying the will to minimise a claim against the estate by the girlfriend.

It is unclear (to me at least) whether the Probate Solicitor was advising that a claim by the girlfriend would be successful and how to head that off, or merely advising on the possibility of such a claim (and how to head that off).

Potentially, as has been mooted a couple of times now, the Probate Solicitor is not the correct person to advise on the likely success or otherwise of a claim by the girlfriend.

I would imagine much would depend on how intertwined the OP's father and the girlfriend were.  Perhaps the starting point to that would be when and why did the girlfriend move in with her daughter?

The solicitor is unsure whether the girlfriend will make a claim and has suggested varying the will to ensure she is unable to make a claim or as you said to head her off.
my dad and the girlfriend were together for 10 years she came to the relationship with nothing, worked for a couple of years and my dad who owned the house outright (house A) decided to retire and sell up and move back closer to family hence why property A and property B were sold and property C eventually bought,
the girlfriend moved back with her daughter 3 days after the funeral and is still there 3 months later ( she didn’t speak to her children for 12 years) no idea why not,

poseidon1

Loolah001 said:

Grumpy_chap said:

Savvy_Sue said:

Loolah001 said:
The probate solicitor has advised they have never come across the issue of properties sold and new properties bought? I’m lost

IANAL, but this comment seems to indicate a lack of expertise and / or experience on the part of this solicitor. Seem to remember this being covered in the Which Guide to Wills and Probate I used some years ago ...

The issue of home sold and new home coming into being must be exceedingly common.

poseidon1 said:

Putting aside all the additional details you have since shared,  the critical passage above is the probate solicitor advising on the wisdom of  varying the will to minimise a claim against the estate by the girlfriend.

It is unclear (to me at least) whether the Probate Solicitor was advising that a claim by the girlfriend would be successful and how to head that off, or merely advising on the possibility of such a claim (and how to head that off).

Potentially, as has been mooted a couple of times now, the Probate Solicitor is not the correct person to advise on the likely success or otherwise of a claim by the girlfriend.

I would imagine much would depend on how intertwined the OP's father and the girlfriend were.  Perhaps the starting point to that would be when and why did the girlfriend move in with her daughter?

The solicitor is unsure whether the girlfriend will make a claim and has suggested varying the will to ensure she is unable to make a claim or as you said to head her off.
my dad and the girlfriend were together for 10 years she came to the relationship with nothing, worked for a couple of years and my dad who owned the house outright (house A) decided to retire and sell up and move back closer to family hence why property A and property B were sold and property C eventually bought,
the girlfriend moved back with her daughter 3 days after the funeral and is still there 3 months later ( she didn’t speak to her children for 12 years) no idea why not,

The girlfriend coming to the relationship with nothing, coupled with your father's original intention to provide her home on his death, would certainly give her ammunition to launch a viable claim under the 1975 Act.

 If she were to approach a solicitor with her story, that is certainly the advice she would receive.

Right now you are at an impass with regard to her likely intentions, but it would certainly be prudent to prepare yourselves to make concessions. A new STEP qualified contentious probate lawyer sounds like your next port of call.

Loolah001

poseidon1 said:

Loolah001 said:

Grumpy_chap said:

Savvy_Sue said:

Loolah001 said:
The probate solicitor has advised they have never come across the issue of properties sold and new properties bought? I’m lost

IANAL, but this comment seems to indicate a lack of expertise and / or experience on the part of this solicitor. Seem to remember this being covered in the Which Guide to Wills and Probate I used some years ago ...

The issue of home sold and new home coming into being must be exceedingly common.

poseidon1 said:

Putting aside all the additional details you have since shared,  the critical passage above is the probate solicitor advising on the wisdom of  varying the will to minimise a claim against the estate by the girlfriend.

It is unclear (to me at least) whether the Probate Solicitor was advising that a claim by the girlfriend would be successful and how to head that off, or merely advising on the possibility of such a claim (and how to head that off).

Potentially, as has been mooted a couple of times now, the Probate Solicitor is not the correct person to advise on the likely success or otherwise of a claim by the girlfriend.

I would imagine much would depend on how intertwined the OP's father and the girlfriend were.  Perhaps the starting point to that would be when and why did the girlfriend move in with her daughter?

The solicitor is unsure whether the girlfriend will make a claim and has suggested varying the will to ensure she is unable to make a claim or as you said to head her off.
my dad and the girlfriend were together for 10 years she came to the relationship with nothing, worked for a couple of years and my dad who owned the house outright (house A) decided to retire and sell up and move back closer to family hence why property A and property B were sold and property C eventually bought,
the girlfriend moved back with her daughter 3 days after the funeral and is still there 3 months later ( she didn’t speak to her children for 12 years) no idea why not,

The girlfriend coming to the relationship with nothing, coupled with your father's original intention to provide her home on his death, would certainly give her ammunition to launch a viable claim under the 1975 Act.

 If she were to approach a solicitor with her story, that is certainly the advice she would receive.

Right now you are at an impass with regard to her likely intentions, but it would certainly be prudent to prepare yourselves to make concessions. A new STEP qualified contentious probate lawyer sounds like your next port of call.

Thank you that is what I think will be best for us - the girlfriend came with nothing as she was in the midst of a divorce from her ex husband - I have no idea what financial recompense she received as settlement from it.
it has always been my intention to allow her to live in the property until such a time as something happens with some conditions in place to protect us as home owners from afar

i guess the other question is what rules can be put in place to protect the property whilst she still has quiet enjoyment of the property?