Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Karendeakz
    • By Karendeakz 14th Jul 19, 2:29 PM
    • 27Posts
    • 20Thanks
    Karendeakz
    Can i buy children out of half the house?
    • #1
    • 14th Jul 19, 2:29 PM
    Can i buy children out of half the house? 14th Jul 19 at 2:29 PM
    My husband died last year, we were separated at the time and he left his half of the house to our 3 children.

    Is it possible to buy them out of their half? My partner wants to move in eventually and he wants to buy the kids half off of them as there's things we want to do to the house that I can't afford to do on my own, but he obviously doesn't want to invest his money in to a house he doesn't own.

    My ex MIL and FIL were in charge of husbands will, so I'm not sure if it comes down to them to decide, or if its even possible at all. Any advice would be greatly appreciated.
Page 5
    • Karendeakz
    • By Karendeakz 17th Jul 19, 10:52 AM
    • 27 Posts
    • 20 Thanks
    Karendeakz
    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.
    • paddy's mum
    • By paddy's mum 17th Jul 19, 11:11 AM
    • 3,757 Posts
    • 13,484 Thanks
    paddy's mum
    Beg, borrow or steal a couple of hundred quid from SOMEWHERE....your children are being, in effect, stolen from!

    Ask the lady at the Pensions Scheme if those Trustees will release enough for you to seek competent legal advice on your position.

    Private Message me the address of a trusted person and I will happily donate 10 for you to pursue this.

    Your husband's lack of understanding and FiL's shenanigans are clanging every alarm bell I possess!
    • Jenniefour
    • By Jenniefour 17th Jul 19, 12:26 PM
    • 1,337 Posts
    • 1,457 Thanks
    Jenniefour
    Alarm bells definitely clanging very loudly here too. You can't afford not to seek proper paid for advice.

    Would your partner be willing to pay in the first instance? Worth phoning around probate solicitors to see if any of them are willing to offer short free initial consultation. What concerns me somewhat - and I know you've said you can't afford to see a solicitor - is that I'm not sure the seriousness and potential implications of all this is clear to you. To spell it out - if the will is not valid then you and the children (assuming there are no other people who could make a valid claim) would inherit all your late husbands estate according to the laws of intestacy. Which in itself, and in the particular circumstances you have described, puts a huge question mark over why/how this will got to be written and ditto for the way the house ownership was altered.
    Last edited by Jenniefour; 17-07-2019 at 12:29 PM. Reason: addition
    • paddy's mum
    • By paddy's mum 17th Jul 19, 12:47 PM
    • 3,757 Posts
    • 13,484 Thanks
    paddy's mum
    my partner wants to buy the kids half off of them
    Originally posted by Karendeakz
    With what - money?

    Forgive me but I keep detecting your unwillingness to rock the boat, your doubts as to your status and the childrens' rights and it makes me want to shake you till your teeth rattle!

    Please, don't let the old b*&$@r get away with this monstrous behaviour
    • paddy's mum
    • By paddy's mum 17th Jul 19, 12:52 PM
    • 3,757 Posts
    • 13,484 Thanks
    paddy's mum
    if the will is not valid then you and the children ... would inherit all your late husbands estate
    Originally posted by Jenniefour
    IF there is anything left once FiL has had his hands in the till, that is....
    • chesky
    • By chesky 17th Jul 19, 1:50 PM
    • 1,196 Posts
    • 2,062 Thanks
    chesky
    Go to your local CAB who will send you to a solicitor for initial advice. Then at least they'll give you an idea of how to proceed.
    • Silvertabby
    • By Silvertabby 17th Jul 19, 5:45 PM
    • 4,473 Posts
    • 7,054 Thanks
    Silvertabby
    “ Can you post which pension scheme it is? One of us may then be able to see if there may be survivor's pensions payable in addition to the one-off lump lump sum death grant.
    Originally posted by Silvertabby
    It looks like there's 2 plans. One from time warner money purchase pension plan and one from time warner non-registered group life plan.
    Originally posted by Karendeakz
    I've had a look, and it really isn't clear - plus being an American company muddies the waters as well. It's good that you now have a pensions officer to contact - please, for your and your children's sakes, don't let this go. As others have said, I'm also getting a really bad feeling about FIL.
    • Malthusian
    • By Malthusian 18th Jul 19, 9:56 AM
    • 6,371 Posts
    • 10,400 Thanks
    Malthusian
    The images posted by the OP in post #81 aren't screaming "no capacity to make a Will" to me, despite the OP's reference to periods of delirium. If he had capacity at some times and not others, then when he did he was able to write a valid Will.

    It is impossible to diagnose someone's former capacity via a few screenshots of text messages, but the presumption will be that he had capacity unless it can be proved otherwise. Making a bad decision due to having only a few days to live doesn't mean you didn't have capacity.

    The best chance of the Will being declared invalid is if it was a DIY will and wasn't signed and witnessed correctly. It is quite possible that he and the FIL saw a solicitor on the 7th and had it all done properly.

    It is absolutely essential that the OP gets professional advice. The FIL is much better at this than her.

    To spell it out - if the will is not valid then you and the children (assuming there are no other people who could make a valid claim) would inherit all your late husbands estate according to the laws of intestacy.
    by Jenniefour
    Not if the husband had made a previous valid Will which hadn't been invalidated by his marriage to the OP. In that case it would revert to the old Will.
    • nom de plume
    • By nom de plume 18th Jul 19, 10:21 AM
    • 878 Posts
    • 795 Thanks
    nom de plume
    The best chance of the Will being declared invalid is if it was a DIY will...
    Originally posted by Malthusian

    Looking at the photo of a portion of the Will posted earlier by the OP it reads as a professionally prepared Will (although it could easily be a DIY job using text from another Will).


    I'm not sure if the subject has been raised but I wonder on the likelihood of a successful challenge to the Will on the basis that it make no provisions for the very young children in the here and now. Rather it waits until they reach adulthood. It shouldn't be too difficult to make a case that some, if not all, of their inheritance could be put to better use helping during their childhood.


    By permitting the OP's partner to purchase their share of the home the funds could be turned into liquid assets that could be put into a trust fund and released where appropriate by a suitable trustee.
    • Karendeakz
    • By Karendeakz 18th Jul 19, 10:32 AM
    • 27 Posts
    • 20 Thanks
    Karendeakz
    The images posted by the OP in post #81 aren't screaming "no capacity to make a Will" to me, despite the OP's reference to periods of delirium. If he had capacity at some times and not others, then when he did he was able to write a valid Will.

    It is impossible to diagnose someone's former capacity via a few screenshots of text messages, but the presumption will be that he had capacity unless it can be proved otherwise. Making a bad decision due to having only a few days to live doesn't mean you didn't have capacity.

    The best chance of the Will being declared invalid is if it was a DIY will and wasn't signed and witnessed correctly. It is quite possible that he and the FIL saw a solicitor on the 7th and had it all done properly.

    It is absolutely essential that the OP gets professional advice. The FIL is much better at this than her.



    Not if the husband had made a previous valid Will which hadn't been invalidated by his marriage to the OP. In that case it would revert to the old Will.
    Originally posted by Malthusian
    No, during those screenshots he was fine, I'm not saying he was delirious there. I was more frustrated at the fact that he was writing a will without actually considering all the details to do with the house etc.

    He didn't have another will, that was the only one ever done.
    • Jenniefour
    • By Jenniefour 18th Jul 19, 12:31 PM
    • 1,337 Posts
    • 1,457 Thanks
    Jenniefour
    Not if the husband had made a previous valid Will which hadn't been invalidated by his marriage to the OP. In that case it would revert to the old Will.
    Originally posted by Malthusian
    Correct, my mistake.
    • getmore4less
    • By getmore4less 18th Jul 19, 1:49 PM
    • 36,992 Posts
    • 22,825 Thanks
    getmore4less
    How do you know it was your husband using the phone?

    With kids there is a case for life interest in the family home for the wife.
    • Malthusian
    • By Malthusian 18th Jul 19, 2:39 PM
    • 6,371 Posts
    • 10,400 Thanks
    Malthusian
    How do you know it was your husband using the phone?
    Originally posted by getmore4less
    Because there is absolutely no reason to think it wasn't.

    If the FIL had successfully forged a valid and witnessed Will by his son, then getting on his phone, breaking his password (if any), masquerading as him to his wife, and telling her all about his son's fictional thought process while attempting to imitate his writing style (including swearwords and misspellings) without arousing suspicion, would be gilding the lily.

    The problem is not that it would be a high-risk masterpiece of acting and well beyond your average fraudster (though it is), the problem is that it's completely pointless. Even if he managed it, it doesn't add to the credibility of the Will. It makes no difference to its validity whether the OP thought she'd spoken to him in his last few days.

    Occam's Razor suggests the OP's husband wrote the Will and the texts. Whether he went into a solicitor's office to write it, or whether it was a DIY will (and if so whether it was valid) is a more important question.
    • fairy lights
    • By fairy lights 18th Jul 19, 3:55 PM
    • 8,675 Posts
    • 28,901 Thanks
    fairy lights
    I got sent a letter about the tenancy being severed but didn't actually receive it until after he died.
    Originally posted by Karendeakz
    But had you actually agreed to this happening/signed the relevant paperwork or was the letter from the land registry the first you knew about it?
    • Karendeakz
    • By Karendeakz 18th Jul 19, 4:08 PM
    • 27 Posts
    • 20 Thanks
    Karendeakz
    I didn't agree or sign anything. I was told he didn't need me to agree to sever the tenancy.
    • Karendeakz
    • By Karendeakz 18th Jul 19, 4:10 PM
    • 27 Posts
    • 20 Thanks
    Karendeakz
    And I never got a letter from the land registry regarding it. The only thing I've ever received from them is a reply about a form I submitted to them after my husband died taking his name off the house.
    • Mojisola
    • By Mojisola 18th Jul 19, 4:25 PM
    • 31,397 Posts
    • 80,552 Thanks
    Mojisola
    I didn't agree or sign anything. I was told he didn't need me to agree to sever the tenancy.
    Originally posted by Karendeakz
    That's right - either of the owners can sever a joint tenancy - the other owner can't prevent it happening.
    • getmore4less
    • By getmore4less 19th Jul 19, 1:24 AM
    • 36,992 Posts
    • 22,825 Thanks
    getmore4less
    That's right - either of the owners can sever a joint tenancy - the other owner can't prevent it happening.
    Originally posted by Mojisola
    You have to serve notice the tenancy is being severed for it to happen.

    OP said OH died Sunday and the letter came wed.

    It may not have been posted in time.
    • Ms Chocaholic
    • By Ms Chocaholic 2nd Aug 19, 3:28 PM
    • 10,516 Posts
    • 64,209 Thanks
    Ms Chocaholic
    How are you getting on OP?
    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
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,893Posts Today

5,698Users online

Martin's Twitter