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  • FIRST POST
    • bundance
    • By bundance 12th May 18, 3:09 PM
    • 1,068Posts
    • 349Thanks
    bundance
    Avoiding leaving unsaleable and financially burdensome property to loved ones after I die
    • #1
    • 12th May 18, 3:09 PM
    Avoiding leaving unsaleable and financially burdensome property to loved ones after I die 12th May 18 at 3:09 PM
    Hi

    I have a leasehold flat which is unsaleable for various reasons.
    I don't really want to post these reasons on a public forum but if someone knowledeable wants to pm me I can go into more detail.
    Basically the lease is breached irremediably through structural alterations. the damage done has left the property vulenrable to further damage so bottom line, if i die and write a will, my poor relatives will be paying out for it for the rest of their lives and it will cause misery for generations.
    I don't want this.
    I can afford to make a simple will for a few hundred pounds but am worried that the complexities will mean that the price of making this will, will be out of my reach.
    If I die intestate, I have been advised by a solicitor that the relatives will get the property (if the mortgage is paid off, whether I like it or not or whether they like it or not)
    Bottom line, I want to avoid leaving a legacy of financial misery and liability to my loved ones.
    As above, willing to go into further detail in a pm to a knowledgeable person.
    I am expecting a phone call from a solicitor on Monday but I cannot stop worrying in the meantime that this situation of not being able to afford a roo-complex will, or dying intestate and leaving my relatives with no choice but to take on the property.
    There are issues like alterations causing vulnerabilitites like dry rot, past waterleaks possibly causing dry rot between storeys, as floors are concrete, voids between floors unventilated and lower flats having false timber ceilings. I can smell a rotten smell in between my skirting board and concrete floor when it rains.
    I spoke to an independent damp surveyor who said the only way I can tell if the downstairs flats have dry rot hiding above the plasterboard in thier ceilings, is to open them up, but the freeholder doesn't want that. so, you can see, how the flat would be unsaleable.
    PS I've had visits by an independent accredited damp surveyor.
    Any help appreciated.
    Last edited by bundance; 12-05-2018 at 3:11 PM.
Page 11
    • bundance
    • By bundance 25th Jun 18, 10:21 PM
    • 1,068 Posts
    • 349 Thanks
    bundance
    Bundance, as you have stated in your post#155 "I cannot make a will because I am not of sound mind" please concentrate on your own welfare and not any potential problems you think your flat MAY have. Your property and any assets will pass to surviving relatives. I'm sure they will be able to make their own decisions as to whether they want to disclaim their inheritance of not. The property will always have a value. Let your family decide what to do with it when the time comes.
    Originally posted by countthecost
    But my family dont know the extent of the problems, (not all in this thread as it would compolicate it even more) and that is why i dont want to lumber them with it. Davidmcn kindly assured me they wouldnt under the rules of intestacy.
    • davidmcn
    • By davidmcn 25th Jun 18, 10:39 PM
    • 8,528 Posts
    • 8,987 Thanks
    davidmcn
    When i say defaced lease floor plans, i mean the old owner put tippex and biro on them when he did the alterations.
    What implications does this have? Can't afford any legal advice.
    Originally posted by bundance
    Possibly not much. You presumably got legal advice when you bought the flat and were advised nothing was wrong. Was the "old owner" the one immediately prior to you? If not then other buyers were also advised to go ahead.
    • bundance
    • By bundance 25th Jun 18, 10:49 PM
    • 1,068 Posts
    • 349 Thanks
    bundance
    Possibly not much. You presumably got legal advice when you bought the flat and were advised nothing was wrong. Was the "old owner" the one immediately prior to you? If not then other buyers were also advised to go ahead.
    Originally posted by davidmcn
    There has been only one previous owner.
    I never looked at the plans properly and nor did the conveyancer as he told me to look at them carefully but I never read his letter properly.
    The old owner was the one immediately prior to me.
    The tippex and biro has gone unnoticed by the land registry and the conveyancer.
    I was advised by someone online (can't remember where) that lots of leases were made electronic en-masse which is why it went un-noticed, otherwise it would not have got registerd with the tippex and biro on.
    Does this change anything with regards to me being the first person to notice the tippex and biro and not bringing it to the atttention of the conveyancer, ie, does it make the lease invalid or the flat more difficult to get rid of?
    The auction site that said properties fail to sell at auction worrries me, as I don't want my family to take it on and try to unsuccessfully acution it and be stuck with it. - thanks
    Last edited by bundance; 25-06-2018 at 10:51 PM.
    • davidmcn
    • By davidmcn 25th Jun 18, 11:07 PM
    • 8,528 Posts
    • 8,987 Thanks
    davidmcn
    There has been only one previous owner.
    I never looked at the plans properly and nor did the conveyancer as he told me to look at them carefully but I never read his letter properly.
    The old owner was the one immediately prior to me.
    The tippex and biro has gone unnoticed by the land registry and the conveyancer.
    I was advised by someone online (can't remember where) that lots of leases were made electronic en-masse which is why it went un-noticed, otherwise it would not have got registerd with the tippex and biro on.
    Does this change anything with regards to me being the first person to notice the tippex and biro and not bringing it to the atttention of the conveyancer, ie, does it make the lease invalid or the flat more difficult to get rid of?
    The auction site that said properties fail to sell at auction worrries me, as I don't want my family to take it on and try to unsuccessfully acution it and be stuck with it. - thanks
    Originally posted by bundance
    It does not make the lease invalid, it does not mean that your flat can't be sold (whether at auction or elsewhere), and I think we've already established that your family don't need to be "stuck" with your flat anyway, so please don't start on that again.
    • bundance
    • By bundance 25th Jun 18, 11:14 PM
    • 1,068 Posts
    • 349 Thanks
    bundance
    It does not make the lease invalid, it does not mean that your flat can't be sold (whether at auction or elsewhere), and I think we've already established that your family don't need to be "stuck" with your flat anyway, so please don't start on that again.
    Originally posted by davidmcn
    I do appreciate you establishing that my family do not need to be stuck with the flat, but i cannot control their decision when I die but thats out of my hands so no point in me talking about their decision until I have spoken to them.
    Thank you for letting me know that the tippex and biro does not make the lease invalid.
    Last edited by bundance; 25-06-2018 at 11:19 PM.
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