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  • FIRST POST
    • Rushed44
    • By Rushed44 15th Aug 18, 5:08 PM
    • 16Posts
    • 160Thanks
    Rushed44
    Exchanged - Owner now passed away
    • #1
    • 15th Aug 18, 5:08 PM
    Exchanged - Owner now passed away 15th Aug 18 at 5:08 PM
    We exchanged contracts on 19th July. Vendor wanted a 3 month completion as she was using the time to have work done to a flat she owned that she was moving into. Thankfully our buyers agreed to a longer than normal completion and we settled on two months (only three in chain).

    The house needs a bit of work done and we had agreed the vendor would allow access for quotes etc. All was going well. Almost two weeks ago we found out the owner has died. Not a huge problem we thought. We knew she had a daughter who lived locally but they didn't really get on. We passed on a sympathy card with our contact details (it's a private sale and not through an agent).

    The daughter called me earlier today. The upshot is she is moving in. It's her childhood home and she knows nothing of any sale (but does know about the flat). What the hell do we do now?

    Our solicitor has yet to get back to us
Page 6
    • davidmcn
    • By davidmcn 23rd Aug 18, 1:34 PM
    • 13,126 Posts
    • 14,915 Thanks
    davidmcn
    That cannot happen without the grant, not found anything to say otherwise(that's assuming the mum was the only/last legal owner)

    Even though the powers come from the will don't think the land reg will allow the change of legal owner without a grant.
    Originally posted by getmore4less
    Yep, like I said (back on the first page!) even if everyone is fully co-operative it's unlikely to happen for the original completion date.
    • CM66
    • By CM66 5th Sep 18, 12:41 PM
    • 583 Posts
    • 3,148 Thanks
    CM66
    Any update on this?
    • csgohan4
    • By csgohan4 5th Sep 18, 1:34 PM
    • 6,505 Posts
    • 4,393 Thanks
    csgohan4
    So sad that the daughter does not want to continue the wishes of the mother and indeed want to profit from it , despite not being on the scene enough to even warrant a sizable mention in the will.

    Shows how much she keeps in contact if non family members are in the will.
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
    • patchwork cat
    • By patchwork cat 5th Sep 18, 2:06 PM
    • 5,671 Posts
    • 8,767 Thanks
    patchwork cat
    There is no such thing as will reading in this country it is a media device, so when you said the will was read I am afraid that little red flags were raised for me.Then that you and your brother were beneficiaries and the exact sum is stated !Usually with a will it is either specific amounts left and the residue to..., but unfortunately in concocting your reply you forgot about the flat part of the estate and any monies in hand etc. etc.

    Don't forget to cover the dog's head as you take it through the house.

    • Rushed44
    • By Rushed44 5th Sep 18, 3:43 PM
    • 16 Posts
    • 160 Thanks
    Rushed44
    Well we did attend the funeral and all went well. The daughter did introduce herself and we simply gave different names, it certainly wasn't the day for such discussions.

    We're completing on Tuesday week as intended, but only on our home. We have told our buyers the issue but told them that we are selling. Completion can not happen on the place we're buying until probate is sorted. We will be renting as we've found an acceptable address (for the school application) and we will be asking the estate to refund us on that rent.

    The daughter did say she was going to contest but we have learnt that after the 2 x 300K, and her 50K whatever is left is divided equally between the grandchildren. So if she contests then it affects her children's' cut. We also heard that she was quite well off, we already know her house and flat and we heard there is at least another two houses.

    To the doubters I don't care what you think. I only wish this wasn't true as it's a nightmare
    Last edited by Rushed44; 05-09-2018 at 3:46 PM.
    • GaleSF63
    • By GaleSF63 5th Sep 18, 5:54 PM
    • 332 Posts
    • 475 Thanks
    GaleSF63
    There is no such thing as will reading in this country...
    Originally posted by patchwork cat
    A lot of people do use the expression though. Sometimes through ignorance - and too many Agatha Christies, but usually they just mean when the contents of the will are made known.
    • YoungBlueEyes
    • By YoungBlueEyes 5th Sep 18, 6:56 PM
    • 498 Posts
    • 686 Thanks
    YoungBlueEyes
    When father died last year, our solic read out the will to us. Gave us each a copy of it too. It may not be common practice but it does happen outside the movies.
    • POPPYOSCAR
    • By POPPYOSCAR 5th Sep 18, 11:07 PM
    • 12,870 Posts
    • 28,579 Thanks
    POPPYOSCAR
    There is no such thing as will reading in this country it is a media device, so when you said the will was read I am afraid that little red flags were raised for me.Then that you and your brother were beneficiaries and the exact sum is stated !Usually with a will it is either specific amounts left and the residue to..., but unfortunately in concocting your reply you forgot about the flat part of the estate and any monies in hand etc. etc.

    Don't forget to cover the dog's head as you take it through the house.
    Originally posted by patchwork cat
    With a 'bag for life'..........................
    • hjd
    • By hjd 6th Sep 18, 6:20 AM
    • 1,150 Posts
    • 8,356 Thanks
    hjd
    There is no such thing as will reading in this country it is a media device, so when you said the will was read I am afraid that little red flags were raised for me.Then that you and your brother were beneficiaries and the exact sum is stated !Usually with a will it is either specific amounts left and the residue to..., but unfortunately in concocting your reply you forgot about the flat part of the estate and any monies in hand etc. etc.

    Don't forget to cover the dog's head as you take it through the house.
    Originally posted by patchwork cat
    Unfortunately just because you have never heard of will reading and beneficiaries being left exact amounts doesn't mean they never happen. They both do. Perhaps you should get your facts right before you are so rude.
    I have no connection with OP.
    • troffasky
    • By troffasky 7th Sep 18, 10:24 PM
    • 191 Posts
    • 99 Thanks
    troffasky
    I have no connection with OP.
    Originally posted by hjd

    Ahhh, that's what you think, but this thread could yet take another twist!
    • Bass_9
    • By Bass_9 8th Sep 18, 5:56 AM
    • 144 Posts
    • 167 Thanks
    Bass_9
    Ahhh, that's what you think, but this thread could yet take another twist!
    Originally posted by troffasky
    That would just be OPs luck... half of the people posting on here related to the mother and daughter.
    • hjd
    • By hjd 8th Sep 18, 6:19 AM
    • 1,150 Posts
    • 8,356 Thanks
    hjd
    Ahhh, that's what you think
    Originally posted by troffasky
    That's what I know.
    • Choccygirl123
    • By Choccygirl123 8th Sep 18, 1:18 PM
    • 750 Posts
    • 2,228 Thanks
    Choccygirl123
    School applications
    Your local authority will accept a copy of your exchange paperwork for school application so don't worry about that causing as issue.
    Always counting down to pay day, but making baby steps getting life on track! Looking forward to cracking the debt once and for all.
    SPC 090 - Smashing the target currently 1208.11 / 500 from extra income in 2019 and still a small copper jar to count
    • Rushed44
    • By Rushed44 14th Sep 18, 10:30 PM
    • 16 Posts
    • 160 Thanks
    Rushed44
    An update:

    We've moved into our rental, costs to be met by our vendors estate.

    Probate is moving, slowly. The best we have is completion within a year.

    The vendors daughter changes her mind on a regular basis whether or not she will contest the will, what we do know is that if she does then her children will effectively be paying to fight it as costs will come from their cut.

    The school we're applying for have confirmed they will accept exchange paperwork which is brilliant for us.

    We have been denied permission to access the house by the daughter. Basically it's no access until completion.

    We did meet with our buyers and tell them what was going on but assured them their purchase was fine and we complete on Tuesday on our sale.
    • FreeBear
    • By FreeBear 14th Sep 18, 11:47 PM
    • 3,055 Posts
    • 4,035 Thanks
    FreeBear
    The vendors daughter changes her mind on a regular basis whether or not she will contest the will, what we do know is that if she does then her children will effectively be paying to fight it as costs will come from their cut.
    Originally posted by Rushed44
    Well... If she is going to challenge the validity of the will, she needs to pull her finger out and do so before probate is granted. or if it is a claim under the inheritance act, she has six months from the date of probate being granted to enter a claim.

    In either case, a solicitor acting on her behalf will want a substantial sum of money up front - A starter retainer of around 20K, and if it gets to court, another 40K. She *might* find a solicitor who will take it on subject to a conditional fee arrangement, but even that would be subject to an up front payment of around 50% of the expected legal costs. None of that would be reclaimable from the estate unless she won and the judge made an order for costs.
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
    • Teamocil
    • By Teamocil 16th Sep 18, 8:42 AM
    • 117 Posts
    • 77 Thanks
    Teamocil
    This is extremely fishy. A dying woman not only left the OP 300k but sold them her house at what appears to be well below market value. If I were the daughter, I'd be questioning every aspect of this.
    • csgohan4
    • By csgohan4 16th Sep 18, 8:50 AM
    • 6,505 Posts
    • 4,393 Thanks
    csgohan4
    This is extremely fishy. A dying woman not only left the OP 300k but sold them her house at what appears to be well below market value. If I were the daughter, I'd be questioning every aspect of this.
    Originally posted by Teamocil


    if you read the posts 60-64, the daughter had been estranged for 8 years and the mother exercised her right of what she wanted to do with her estate.


    There have been a few cases of relatives contesting wills when it was made with a sound mind which is sad and in effect greed and having it on. They only cared when money came into it.




    Either way it is up to the solicitors to thrash this one out
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
    • SeasideSally
    • By SeasideSally 16th Sep 18, 8:58 AM
    • 108 Posts
    • 122 Thanks
    SeasideSally
    This is extremely fishy. A dying woman not only left the OP 300k but sold them her house at what appears to be well below market value. If I were the daughter, I'd be questioning every aspect of this.
    Originally posted by Teamocil
    I don't see how it's fishy. I might have missed something, but I don't remember reading that she was dying; I thought the death was unexpected. A person has the right to leave their estate to anyone they choose.

    And the daughter is questioning everything because she's after the money. She can't stand to sell her childhood home... but can come to terms with doing it if she's paid 80k? Before knowing if she is even entitled to the estate?

    When I lost my mother, my sister locked me out of my mother's house. Before I'd had the chance to wrap my head around what had happened, she'd sold every stick of furniture, every possession she thought was worth anything, and thrown everything she couldn't sell into the bin. Blood isn't thicker than water. A bad daughter doesn't stop being bad just because her mother has passed away; if anything, some get worse.
    • marty1888
    • By marty1888 17th Sep 18, 10:44 AM
    • 465 Posts
    • 219 Thanks
    marty1888
    I can't see the point in you attending the meeting arranged by the vendor's solicitor. Best to keep your powder dry. Just tell your solicitor to write a letter saying you expect completion. Her solicitor will probably explain to her again she's an idiot.

    *** I might be tempted to tell daughter she can buy it back off you for twice what you paid for it, as she seems to love it so much.
    Originally posted by kinger101

    Or for an extra 80k.
    • sal_III
    • By sal_III 17th Sep 18, 1:19 PM
    • 1,391 Posts
    • 1,341 Thanks
    sal_III
    This is extremely fishy. A dying woman not only left the OP 300k but sold them her house at what appears to be well below market value. If I were the daughter, I'd be questioning every aspect of this.
    Originally posted by Teamocil
    First of all she wasn't dying. Basically she was downsizing and was happy to sell bellow market price to a friend/acquaintance. It appears that the old lady was well off and could afford that.

    As for the inheritance - she had a will, where her wealth was distributed as she feels fit, witnessed by her solicitor. Leaving more money to non-family, than estranged family members is nothing new and there is nothing wrong with it.
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