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Exchanged - Owner now passed away

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Comments

  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
    First Post First Anniversary Combo Breaker
    Sunny_Intervals wrote: »
    Not sure how far she'd get challenging the will. If they've been estranged for 8 years, she clearly isn't a dependent, and she hasn't been accidentally left out because she's been left something. Did the mother have all her faculties?



    Maybe she's going to try to say you and your brother coerced the mother into changing her will?


    I can see this getting very nasty indeed.



    You might want to start getting things in order just in case you're challenged on this. As much as you can :( what about buying the house - might the daughter claim you got it for cheap by some underhand means? If it was advertised anywhere that would help protect you against that, or maybe check the zoopla valuation etc.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    First Anniversary Name Dropper First Post
    She liked you. You were her friends. You were there for her. The daughter didn't help her. I can see why she did what she did. I can't really see why the daughter can complain because she wasn't completely cut out she got what her mother thought she deserved.



    Not all parents leave equal amounts to their children
  • david1951
    david1951 Posts: 431 Forumite
    Combo Breaker First Anniversary
    Be careful that you don't disclose any information on here that you don't wish the daughter to see (you've gone into a fair bit of detail)... it is a public forum after all.


    And good luck!
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    But there seem to be two totally unrelated legal issues here:

    1) the sale of the property.
    * The Contract has been Exchanged and a (surprisingly large) deposit paid.
    * Completion should take place as planned.
    * I fail to see how issue 2) below affects that.

    2) the will
    * The two £300K bequests to the OP and brother can presumably be paid out of the property sale money (if there are no other assets), so that's not a problem.
    * The daughter may well contest the will. She may or may not succeed, but either way I don't see how that can affect the sale of the property in 1) above
  • kazwookie
    kazwookie Posts: 13,839 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Like someone has already said, I would strongly suggest, that you stop putting too many details on this site as it is a public forum.

    I would follow your solicitors advise.

    Good luck you are going to need it.
    Breast Cancer Now 2022 100 miles October 100 / 100miles
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    2024 7/28 lbs to go.
  • xylophone
    xylophone Posts: 44,375 Forumite
    Name Dropper First Anniversary First Post
    edited 21 August 2018 at 6:59PM
    It appears that the daughter was not dependent on her mother so could hardly claim that her mother should make reasonable financial provision for her.

    She has not been disinherited despite the estrangement- her mother simply exercised her right to leave her property as she chose.


    Assuming that the mother was "compos mentis" at the time of making the will and no undue influence was brought to bear on her, and that fair market value was to be paid for the property, any challenge to the will might be difficult to sustain.

    Assuming that the mother was compos mentis at the time she decided to sell the property ( the plans for the renovation of her flat were in progress so proving her intention), and at the time of exchange of contracts, then it is difficult to see why the executors (once probate was granted) would refuse to complete.

    However, if the daughter has entered a caveat, the dispute could take some time to resolve.

    https://www.ibblaw.co.uk/insights/blog/what-caveat-and-why-might-one-need-be-entered

    https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation

    https://www.ashfords.co.uk/news-and-events/general/how-can-a-disappointed-beneficiary-challenge-a-will
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    But any caveat would be against granting Probate.


    This thread is about the property sale. What is the connection? Am I missing something?
  • xylophone
    xylophone Posts: 44,375 Forumite
    Name Dropper First Anniversary First Post
    If the executors cannot proceed to seek probate because of the caveat, any completion must be delayed?
  • pinkshoes
    pinkshoes Posts: 20,082 Forumite
    Name Dropper First Anniversary Photogenic First Post
    As the death between exchange and completion was unexpected, where was the woman planning on living once the house was sold?

    If she was planning on a retirement home, then surely the money from the house would have been massively eaten into? I'm assuming those amounts in the will were percentages rather than specific amounts?

    Try and keep the property and will as separate issues. Look for a rental property in the area. She has just inherited £50k, so can pay for all your expenses!!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    If the executor solicitor are the ones that did the will they onto nice little earner if the daughter contests.

    All their costs come from the estate defending their own will.

    you can see where the vendor was going with this and nearly got it done.
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