Can i buy children out of half the house?

Options
1…456810

Comments

  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,596 Forumite
    Name Dropper First Post First Anniversary
    Options
    I'm sorry I don't know enough about it to offer you any advice, but if probate hasn't been granted you can lodge a caveat, see here
    https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation


    I presume you are in England?
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • Karendeakz
    Karendeakz Posts: 27 Forumite
    Options
    Ms_Chocaholic wrote: »
    I'm sorry I don't know enough about it to offer you any advice, but if probate hasn't been granted you can lodge a caveat, see here
    https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation


    I presume you are in England?

    Yes I'm in England.

    So does the fact that I can't find his details on the gov website mean that probate probably hasn't been granted yet?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    Options
    Check with the land registry how the trust was put on the house.

    There is a representative that posts on MSE that can be very helpful
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    Options
    I would also go back to the severing of the joint tenancy because it may not have been served in time.
  • Karendeakz
    Karendeakz Posts: 27 Forumite
    Options
    getmore4less wrote: »
    Check with the land registry how the trust was put on the house.

    There is a representative that posts on MSE that can be very helpful

    Would I just call them up to do that? I went online and paid for the title register last night but couldn't see any extra information on there.
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
    I've been Money Tipped!
    Options
    Karendeakz wrote: »
    I spoke to a solicitor on the phone via my home insurance and he basically said it was too late to do much about the will as you only get 6 months to contest it? It's not even that I'm unhappy with what's wrote in the will, I just don't think it's specific enough. I queried my husband on these things the week before he died and I even have messages from him saying he doesn't understand the ins and outs of it, his dad arranged it all.

    Forgive me for speaking bluntly but you are missing the point! Is the will even lawful? If it is flawed in some way, YOU are feeding the solicitor duff information!

    Please - stop messing about with ifs, buts and maybes....take the will, the tenancy severance letter, details of the crowd funding page, the messages mentioned above and yourself to an experienced local solicitor.
  • Malthusian
    Malthusian Posts: 10,941 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Options
    Ms_Chocaholic wrote: »
    How did the crowdfunding page monies get paid to the FIL?

    JustGiving pays the money to whoever sets the page up. It's not their responsibility to ensure it gets spent in the way the fundraiser says it will. JustGiving collects money from A, B and C and funnels it to D, that's all they do.

    Their T&Cs are not very relevant but they do nonetheless state the position pretty clearly: "JustGiving does not represent or warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a Cause's use of any donation you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such donations by a Cause. After donations are made, all further dealings are solely between you and the Cause to which you donated."

    The FIL has blown his own foot off here because while the £1,700 is almost certainly gone, it is an excellent bit of leverage to use against him to stop any further interference with the trust arrangement for the proceeds of the group life policy and pension plan, which are almost certain to be the real prize.

    If the JustGiving page is still up I would save a copy to the OP's hard drive immediately. I don't know how long JustGiving keep old campaigns up, but even if they retain them for a while, the FIL would have the ability to delete it.
  • DUTR
    DUTR Posts: 12,958 Forumite
    First Anniversary Name Dropper First Post
    Options
    Karendeakz wrote: »
    I spoke to a solicitor on the phone via my home insurance and he basically said it was too late to do much about the will as you only get 6 months to contest it? It's not even that I'm unhappy with what's wrote in the will, I just don't think it's specific enough. I queried my husband on these things the week before he died and I even have messages from him saying he doesn't understand the ins and outs of it, his dad arranged it all.

    There is a lot of drip feeding in this, when I saw the clip from the LTR it struck me as odd that it reads leave everything or such like, when I was doing my LTR the solicitor said I'm to list at least all major accounts holdings etc, I assume that is standard practice as when my Mum did her LTR with a different company they 'rules' were similar.


    The LTR by your separated partner is to satisfy his wishes not yours and it can't be left all up to his Dad, there was mention in the thread about full capacity and then you say he doesn't understand the ins and outs (again contradiction) .

    Also I understand from post here and other sources that the costs involved to challenge a LTR can outweigh any 'rewards' that may come from a not guaranteed success.
  • Jenniefour
    Jenniefour Posts: 1,393 Forumite
    First Anniversary First Post Combo Breaker Mortgage-free Glee!
    Options
    OP, please do as advised/suggested - get in a solicitor's office asap with all the documents you have and tell them all you've told us. The more you tell us the more I fear you are the victim of your FIL's manipulations and his possible intentions to get some of your husbands estate in his own pocket, and the more I wonder if the will is valid. What has gone on appears to have very little connection with what your late husband would have wanted. You absolutely must get a paid for solicitor who specialises in this area to help you sort this out as a matter of urgency - and take the messages you speak about where your husband said he didn't understand what was going on.

    Maybe use what you've put here and the responses to help you make some notes of the facts and queries. Please stop calling the legal folks on your home insurance - this is far too important. The door needs to be firmly closed on your FIL being able to exploit you and your children any further.
  • Karendeakz
    Karendeakz Posts: 27 Forumite
    Options
    https ://imgur.com/a/Z4Q9h8z.jpg

    https ://i.imgur.com/uKMVFAg.jpg

    https ://i.imgur.com/wie45Hv.jpg

    I didn't see a copy of the will until a few weeks after he died. These messages were 4 days before he died when I was questioning him on what the will contained, but he didn't know himself.

    And then he sent this one the following day. But obviously he never amended the will.

    https ://i.imgur.com/JTznsMe.jpg

    I would love to go and see a solicitor but my house insurance said I'm not covered for this and I don't have the money to pay for one myself.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards