Need reassurance on property sale "claim"

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82159386#Comment_82159386

I suspect these background circumstances may improve your chances of a favourable outcome to reasonable provision from the estate, should it prove necessary to make a formal Inheritance (Provision for Family and Dependants) claim.

However do not prevaricate with regard to seeking professional advice and note the deadline to initiate a claim being 6 months after grant of probate.

Keep_pedalling

The ideal solution here would be to get your wife’s children to agree to a deed of variation to create an IPDI trust. It is in both your and their best interests to do this but getting the one difficult child to do this is not going to be easy, unless you could raise the funds to buy their share as is seems they want their money now.

silvercar

https://forums.moneysavingexpert.com/discussion/comment/82159569#Comment_82159569

Raising the funds to buy the stroppy one out could trigger one or both the others. After all by being bought out now the stroppy behaviour is being rewarded.

Keep_pedalling

It seems clear that your wife’s intentions are not being met because of errors made due to no leagal advice being sort and resorting to a DIY bodge.

I think you have a reasonable claim under the Inheritance (Provision for Family and Dependants) Act 1975 that you been put in a precarious financial situation so would stand a good chance winning a claim that you have not been provided with the financial support you should have got.

I strongly suggest that you take legal advice on how to proceed. Any such claim needs to be started within 6 months of probate being obtained so I would not delay doing this.

Peterpan18

I am even more confused now after a reply from LR that said:-

If the property was registered in your joint names, irrespective of % shares in the beneficial ownership, probate is not required as the legal ownership, which is always dealt with as a whole, passes to you to deal with as the surviving joint legal owner.

Discussing this with my solicitor tomorrow who has all the information, fingers crossed.

Will update once I have spoken to her.

Alderbank

Clearly whoever informed the LR told them (or clicked the wrong button) that you and your late wife were joint tenants. If that was true the the LR advice would have been correct.

Since you were tenants in common, the legal ownership passes to the surviving tenant 100% (the LR does not record how the property was divided up) but the beneficial ownership of your wife's portion, which is nothing to do with the LR, passes to whoever she left it to in her will.

Your solicitor will explain that you own the house but you owe the beneficial share to your wife's beneficiaries. They can each do what they like; they can do nothing, agree to a tenancy with you and charge you rent, or sue you for their inheritance.

Until probate is granted the house cannot be sold. The 'difficult' child can sue you for her inheritence after a reasonable period of time (at least a year) but in your current financial circumstances the court will probably allow you to pay in small affordable sums e.g. £10 a month. Ironically she could not force a sale because the house can't be sold until probate is granted and she refuses to allow probate to proceed.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82162307#Comment_82162307

Good news that you are finally seeking legal advice. If the solicitor does not intially do so, then don't overlook mentioning your potential to make a claim under the Inheritance (Provision for Family and dependants) Act 1975.

Where a successful claim is made under the act, the loser could be made to bear all legal costs especially where the court is wholly unimpressed with the defendants behaviour. See link below

https://www.stephens-scown.co.uk/disputes-with-individuals/inheritance-and-trust-disputes/the-inheritance-act-1975-claims-who-pays-the-costs/

https://bbc-law.co.uk/legal-news/how-are-costs-handled-in-probate-disputes-who-pays/

One would hope once this is explained to the hostile daughter she will back off her demands for the house to be sold or at least her siblings convince her to.

Shelldean

https://forums.moneysavingexpert.com/discussion/comment/82157673#Comment_82157673

Is that the children's ages now or in 2015?

Alderbank

https://forums.moneysavingexpert.com/discussion/comment/82163998#Comment_82163998

Think about it.

If that was the children's ages now, back in 2002 when they allegedly bought property shares for £100 each they would have been only 13,11 and 4 years old.

A four year old could not have signed a contract to buy property. You must be at least 18 to buy property.

Peterpan18

Sorry, have been trying to catch up and digest everything that has been posted as well as yesterdays conversation with the solicitor. who advises, if necessary, to proceed under The Inheritance (Provision for Family and Dependants) Act 1975. I am going to "wait and see" (6 Month time limit) what happens after probate is granted as I really don't want to drag the other two children through this, unless necessary, I know they would support me but.

As far as the handwritten document is concerned, IF this is relied upon, I will point out to all 3 children that there could be all sorts of tax implications etc etc to the estate. Also that any legal validity is extremely questionable.

They also need to be aware that Capital Gains Tax could be applied in the future and it has been suggested that a trust is formed to avoid this. I have not explored this at the moment.

A deed of variation may also be considered, again I have not explored this but doesn't look too difficult or expensive, I hope.

I hope that once the implications of all the problems the "stroppy one" is trying to create are explained to her she may sit back and rethink the situation. She has her own house paid for and around £500,000 inherited from her father in the bank. Her mission seems based on spite against me and I cannot understand why as we have until now always got on……

A question re probate, if its not/never applied for would this be a problem?