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Complicated Probate case... sigh

edited 14 June 2019 at 4:05PM in Deaths, Funerals & Probate
127 replies 7.8K views
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  • getmore4lessgetmore4less Forumite
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    Adams18 wrote: »
    And how can I do that

    Pick one and only post on that directing the other thread to that one
  • Adams18Adams18 Forumite
    109 posts
    That was just a summary of what you have said in previous post taken to the next stage of realising the beneficial interest in the property.

    What the partner may have worked out is that if they wait and you pay off the mortgage they potentially get more money into the estate to have a claim over(25% of the mortgage)



    No ideas what that is all about but don't have access to the docs.

    Anyway

    what I was saying is now there is nothing stopping the grant get one buy out the beneficial interest of the estate and separate the house from the estate.

    Then argue who inherits from the estate once you have the grant the partner would need to instigate the proceeding.
    Will they be able to afford it.

    Caveats are relatively cheap, chances are the partner has finally realised that any claim would be costly and probably fail so are backing off.


    note : the beneficial interest into the estate does not have to be real cash until someone claims it as the default beneficiary will be children(you and any siblings) you will only need enough initially to cover the siblings shares, if a claim succeeds then amount of the claim

    What the partner may have worked out is that if they wait and you pay off the mortgage they potentially get more money into the estate to have a claim over(25% of the mortgage)


    Yeah thats true. But now that I have informed her of the situation with the court order, I am hoping the partner drops the claim.

    what I was saying is now there is nothing stopping the grant get one buy out the beneficial interest of the estate and separate the house from the estate.

    How does one buy out the interest and do this? Sorry I am very new to all this.

    Then argue who inherits from the estate once you have the grant the partner would need to instigate the proceeding.
    Will they be able to afford it.


    I highly doubt partner could afford it, she couldnt afford mediation costs for us to meet and negotiate. I defo can't afford court costs at 20K.

    Caveats are relatively cheap, chances are the partner has finally realised that any claim would be costly and probably fail so are backing off.

    They are 20 pounds to make, 300 pounds for a solicitor to do it for you even if it takes 5 minutes, and a hell of a lot more to remove if caveat is made permanent. Which is all what I went through.

    I think ill do probate, let land registry know I am the successor to the 25% and then deal with the claim from there and buy some time from the lender to see if claimaint drops this case or how far she is willing to go. I know she cannot afford much at all, but have no idea about her fee arrangement with her solicitor.. like a commision if she wins based on strength of her case, solicitor might have been promised large chunk.
  • Adams18Adams18 Forumite
    109 posts
    Pick one and only post on that directing the other thread to that one

    Okay, will do.
  • edited 15 June 2019 at 5:42PM
    Manxman_in_exileManxman_in_exile Forumite
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    edited 15 June 2019 at 5:42PM
    I'm probably being thick again, but it seems to be:


    1. house worth c. £500 you and your mother live in. (Mum owned 75% outright, dad had 25% beneficial interest)


    2. £80k outstanding on mortgage (although you haven't told lender that father is dead)


    3. Father's partner may have a dependents claim against father's 25%


    4. You can afford to pay off the mortgage, but are reluctant to do so, but you also don't want house to be repossessed.


    As others have suggested, you get probate/letters of administration, you pay off the mortgage and then you worry about the claim from your dad's partner and either settle or let a court decide it. Otherwise you're in danger of losing the house(?!).


    (If it's an interest only mortgage, I assume the £80k refers to the capital repayment?)
  • Adams18Adams18 Forumite
    109 posts
    I'm probably being thick again, but it seems to be:


    1. house worth c. £500 you and your mother live in. (Mum owned 75% outright, dad had 25% beneficial interest)


    2. £80k outstanding on mortgage (although you haven't told lender that father is dead)


    3. Father's partner may have a dependents claim against father's 25%


    4. You can afford to pay off the mortgage, but are reluctant to do so, but you also don't want house to be repossessed.


    As others have suggested, you get probate/letters of administration, you pay off the mortgage and then you worry about the claim from your dad's partner and either settle or let a court decide it. Otherwise you're in danger of losing the house(?!).


    (If it's an interest only mortgage, I assume the £80k refers to the capital repayment?)

    Correct on all accounts, interest only, 80K capital payment.

    Yeah either lose house keep 80k in pocket, and collect 75% of net proceeds, or pay 80k keep house and deal with claim from claimaint and hope for the best.

    I personally don't feel I owe that person anything. But if it goes to court, a judge can decide. Right now, its her solicitor versus my solicitor standing their ground. No one wants court... its 20k for proceedings!
  • Sea_ShellSea_Shell Forumite
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    Have you downloaded or read Santander's Bereavement Guide?
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow ":beer: JOB DONE!!
    This should now read "It's time to start digging up those Squirrelled Nuts"!!! :j:j:j
  • Adams18Adams18 Forumite
    109 posts
    Sea_Shell wrote: »
    Have you downloaded or read Santander's Bereavement Guide?


    Yep a while back, get probate and then speak to them about the bereavement they say... we'll "understand" that it may take you time to get settled at this difficult time.

    When I read a lender say "we'll understand"... it's more like,.... Do tell us if circumstances change so we can close your account and take our money to minimise risk for us.

    They have their own interests at heart.

    "We'll understand" = Ohhhhh so the mortgage owner has died, how awful... brb..."suzie close this acount immediaely... these guys can;t pay
  • MarconMarcon Forumite
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    Adams18 wrote: »
    I am looking for a fresh perspective here. It either comes or doesn't come, it's free to try as I've exhausted legal advise and spent a fortune.

    It's hard to understand why the matter hasn't progressed and with so little to go on, impossible to comment on what's gone wrong - but something has. This is hardly a rocket science problem to a lawyer used to dealing with such matters.

    If you haven't yet made a formal complaint, I suggest you do so now - it might actually get some action which would resolve things.
  • edited 15 June 2019 at 8:12PM
    Sea_ShellSea_Shell Forumite
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    edited 15 June 2019 at 8:12PM
    Effectively is your father's estate in negative equity? His 25% is worth less than the outstanding £80k mortgage.

    You inherit this negative equity, but you have the means to pay off the mortgage, in a similar way that a life insurance would have paid it off.

    You inherit his 25%, with its caveats (by this I mean trigger events) still in place.

    Surely there are no assets left in the estate for the partner to claim a percentage of.
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow ":beer: JOB DONE!!
    This should now read "It's time to start digging up those Squirrelled Nuts"!!! :j:j:j
  • Manxman_in_exileManxman_in_exile Forumite
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    Adams18 wrote: »
    Correct on all accounts, interest only, 80K capital payment.

    Yeah either lose house keep 80k in pocket, and collect 75% of net proceeds, or pay 80k keep house and deal with claim from claimaint and hope for the best.

    I personally don't feel I owe that person anything. But if it goes to court, a judge can decide. Right now, its her solicitor versus my solicitor standing their ground. No one wants court... its 20k for proceedings!


    I know it may seem like that if you are coughing up the 80k, but in reality, it's a claim against your dad's estate (albeit comes out of his/your 25%).


    Re Sea Shell #50, is your dad's estate insolvent apart from the 25% in the house, and did he have any other debts? I'm just wondering (I certainly don't know!) whether there may be any creditors that may also have a claim on the 25%.
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