Secured loan on probate property
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Squarepeg72
Posts: 12 Forumite
Wonder if you could help. A relative had a will writing business and when my parents died she claimed there were a number of witnesses who were people my parents couldnt stand and she was executor. My parents both told me clearly they had not made wills. Some months later after I went to a solicitor she produced one which included a page and half rant about what a POS I was, full of lies about my life and it was witnessed by her friends who lived over 50 miles away and had never met my parents. I had not spoken with rhis relative for over 15 years so she knew nothing about my life which was clear by the made up BS in the will.
It stated should I challenge this I get nothing, which seeing as Id engaged a solicitor I couldnt afford to. Solicitor said Id have to prove the will was fake and she'd also written another earlier one 4 years before so Id have to.prove that was fake too (Im pretty sure both were written after death)
They have been dead 2 years now, she keeps giving solicitor the run around when they chase up where she is at "executing" my parents estate.
Today I have noticed that she has put a charge on my parents property for her personal business (another one) for a loan listed on companies house.
How can she possibly do this as the (fake) will leaves 30k to her 30k to another relative and 15k to me and other relatives.
Is it possible shes secured it on her 30k, is that even possible on a property under probate?
I know this will is fake however the onus is on me to prove it, which given her best mates signed it theyre not exactly going to.implicate themselves
Before I send details of this.loan to my solicitor, is it possible to.put a secured loan on a property under probate? I suspect she has written herself another fake will to say she is sole beneficiary in which case she'll be caught out
It stated should I challenge this I get nothing, which seeing as Id engaged a solicitor I couldnt afford to. Solicitor said Id have to prove the will was fake and she'd also written another earlier one 4 years before so Id have to.prove that was fake too (Im pretty sure both were written after death)
They have been dead 2 years now, she keeps giving solicitor the run around when they chase up where she is at "executing" my parents estate.
Today I have noticed that she has put a charge on my parents property for her personal business (another one) for a loan listed on companies house.
How can she possibly do this as the (fake) will leaves 30k to her 30k to another relative and 15k to me and other relatives.
Is it possible shes secured it on her 30k, is that even possible on a property under probate?
I know this will is fake however the onus is on me to prove it, which given her best mates signed it theyre not exactly going to.implicate themselves
Before I send details of this.loan to my solicitor, is it possible to.put a secured loan on a property under probate? I suspect she has written herself another fake will to say she is sole beneficiary in which case she'll be caught out
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Comments
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Check the land registry.0
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I did that last year and it came up with a patch of land nearby! On her listing on compsnies house it shows charge code in favour of a finance company and the particulars state my parents address. Theres a pdf there signed by her which shows the charge is levied on that property in august this year0
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Squarepeg72 wrote: »I know this will is fake however the onus is on me to prove it, which given her best mates signed it theyre not exactly going to.implicate themselves
Does the signature on the Will match their own?
Witnessing a fake Will is one thing, if it ever gets to court you may find the witnesses lose their nerve rather than commit perjury and risk a jail sentence.
If you don't have the resources to take them to court, this is of course moot.
To answer your question, if the house is still the property of the estate and not her personal business, then I can't imagine how she could have got a loan secured on it without committing fraud by lying to the lender. Even if she was sole beneficiary I still can't see the lender agreeing to it until it was actually in her name.0 -
Another relative has contacted and told me she has put the house into her name and the executors son has also been living in the property for 2 years.
Signatures I dont believe are my parents but even I could do a good forgery back in school days!
Ive also been told she has written a will in her favour on my grandmother she has had no contact with for over 20 years. My grandmother has been coming to mine for over 25 years. I think we need to get police involved as there is no way my grandmother would have written that and is still alive to prove it0 -
Going to the police or a solicitor are the only options.0
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Squarepeg72 wrote: »I think we need to get police involved as there is no way my grandmother would have written that and is still alive to prove it
This.
Today.
This.
Do it NOW.0
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