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  • FIRST POST
    • Jaywood89
    • By Jaywood89 16th Apr 18, 10:25 AM
    • 160Posts
    • 74Thanks
    Jaywood89
    Dispute over who owns late mothers possessions
    • #1
    • 16th Apr 18, 10:25 AM
    Dispute over who owns late mothers possessions 16th Apr 18 at 10:25 AM
    Looking for Any advice Really.

    So my mother passed away from cancer last year. Iím an only child and we were very close. My mom had recently taken my dad back after he left her for someone else a few months after her terminal diagnosis (what a nice man). She told us she just didnít want to die alone and didnít want me to be parentless, even though Iíd said Iíve hated him for years so donít worry about it. Heís a drinker drug user womaniser who didnít contribute much to the household physically or finacially and I was happier when he left.

    Thatís just a bit of back ground to understand why Iím here. So my mom left everything to me in her will. Except 20% of her pension which she left to him as the tax if Iíd received the whole thing would of been more than the share she gave to him. So she had left him that plus the £49k on their life insurance (which she tried but couldnít leave to me) plus his half of the house.

    Unfortunately the solicitors who drafted her will ballsed up and didnít change the deed on the house so he inherited it via suvivourship, despite knowing she had left him half and him agreeing to that while she was alive.

    As I lived with them I had to move out as he decided to let me know that the house was his and I had no right to be there, also he started seeing the women he was seeing before within weeks of my moms death, bought a flash new car with the money left and informed me that he was willing to take me the executor to court to pay for the joint loan they still had together. so I had move out to a friends house (with my kids).

    I went to the house the other day to collect some photo albums from the loft as I knew he wouldnít miss them or even know they were there. When I got there, every shred of evidence in the house, like hung photos of my motherís were gone. Heís taken them all down, and my moms suitcase was in the hall (heíd been on holiday) with his new girlfriends clothes in. So I took every photo album I could find and just left. The reason for this is that things are just things at the end of the day but those photos hold memories and that means more to me.

    I went back today to collect some mail which I regularly do and I found the locks changed. Heís done this once before but his family gave me a key.

    My question is where do I stand legally on the contents of the house? My dad owns only the tv in the living room, everything else is my moms and I can prove recipets for almost everything? Do I have any right to those things as the beneficiary of her estate? Or are both her and my stuff now his as they are still in the house?

    Iím more Interested in all my baby things and my childrenís baby things. The things that hold memories. Tvís and beds etc are less of a concern to me.

    Any advice would be much appreciated TIA
Page 1
    • Jaywood89
    • By Jaywood89 16th Apr 18, 10:26 AM
    • 160 Posts
    • 74 Thanks
    Jaywood89
    • #2
    • 16th Apr 18, 10:26 AM
    Disputes over late mothers possesions
    • #2
    • 16th Apr 18, 10:26 AM
    Looking for Any advice Really.

    So my mother passed away from cancer last year. Iím an only child and we were very close. My mom had recently taken my dad back after he left her for someone else a few months after her terminal diagnosis (what a nice man). She told us she just didnít want to die alone and didnít want me to be parentless, even though Iíd said Iíve hated him for years so donít worry about it. Heís a drinker drug user womaniser who didnít contribute much to the household physically or finacially and I was happier when he left.

    Thatís just a bit of back ground to understand why Iím here. So my mom left everything to me in her will. Except 20% of her pension which she left to him as the tax if Iíd received the whole thing would of been more than the share she gave to him. So she had left him that plus the £49k on their life insurance (which she tried but couldnít leave to me) plus his half of the house.

    Unfortunately the solicitors who drafted her will ballsed up and didnít change the deed on the house so he inherited it via suvivourship, despite knowing she had left him half and him agreeing to that while she was alive.

    As I lived with them I had to move out as he decided to let me know that the house was his and I had no right to be there, also he started seeing the women he was seeing before within weeks of my moms death, bought a flash new car with the money left and informed me that he was willing to take me the executor to court to pay for the joint loan they still had together. so I had move out to a friends house (with my kids).

    I went to the house the other day to collect some photo albums from the loft as I knew he wouldnít miss them or even know they were there. When I got there, every shred of evidence in the house, like hung photos of my motherís were gone. Heís taken them all down, and my moms suitcase was in the hall (heíd been on holiday) with his new girlfriends clothes in. So I took every photo album I could find and just left. The reason for this is that things are just things at the end of the day but those photos hold memories and that means more to me.

    I went back today to collect some mail which I regularly do and I found the locks changed. Heís done this once before but his family gave me a key.

    My question is where do I stand legally on the contents of the house? My dad owns only the tv in the living room, everything else is my moms and I can prove recipets for almost everything? Do I have any right to those things as the beneficiary of her estate? Or are both her and my stuff now his as they are still in the house?

    Iím more Interested in all my baby things and my childrenís baby things. The things that hold memories. Tvís and beds etc are less of a concern to me.

    Any advice would be much appreciated TIA
    • Yorkshireman99
    • By Yorkshireman99 16th Apr 18, 10:54 AM
    • 4,412 Posts
    • 3,652 Thanks
    Yorkshireman99
    • #3
    • 16th Apr 18, 10:54 AM
    • #3
    • 16th Apr 18, 10:54 AM
    Looking for Any advice Really.

    So my mother passed away from cancer last year. Iím an only child and we were very close. My mom had recently taken my dad back after he left her for someone else a few months after her terminal diagnosis (what a nice man). She told us she just didnít want to die alone and didnít want me to be parentless, even though Iíd said Iíve hated him for years so donít worry about it. Heís a drinker drug user womaniser who didnít contribute much to the household physically or finacially and I was happier when he left.

    Thatís just a bit of back ground to understand why Iím here. So my mom left everything to me in her will. Except 20% of her pension which she left to him as the tax if Iíd received the whole thing would of been more than the share she gave to him. So she had left him that plus the £49k on their life insurance (which she tried but couldnít leave to me) plus his half of the house.

    Unfortunately the solicitors who drafted her will ballsed up and didnít change the deed on the house so he inherited it via suvivourship, despite knowing she had left him half and him agreeing to that while she was alive.

    As I lived with them I had to move out as he decided to let me know that the house was his and I had no right to be there, also he started seeing the women he was seeing before within weeks of my moms death, bought a flash new car with the money left and informed me that he was willing to take me the executor to court to pay for the joint loan they still had together. so I had move out to a friends house (with my kids).

    I went to the house the other day to collect some photo albums from the loft as I knew he wouldnít miss them or even know they were there. When I got there, every shred of evidence in the house, like hung photos of my motherís were gone. Heís taken them all down, and my moms suitcase was in the hall (heíd been on holiday) with his new girlfriends clothes in. So I took every photo album I could find and just left. The reason for this is that things are just things at the end of the day but those photos hold memories and that means more to me.

    I went back today to collect some mail which I regularly do and I found the locks changed. Heís done this once before but his family gave me a key.

    My question is where do I stand legally on the contents of the house? My dad owns only the tv in the living room, everything else is my moms and I can prove recipets for almost everything? Do I have any right to those things as the beneficiary of her estate? Or are both her and my stuff now his as they are still in the house?

    Iím more Interested in all my baby things and my childrenís baby things. The things that hold memories. Tvís and beds etc are less of a concern to me.

    Any advice would be much appreciated TIA
    Originally posted by Jaywood89
    Did she leave a valid will or die intestate? If she died intestate then all the possessions pass to her husband.
    • Yorkshireman99
    • By Yorkshireman99 16th Apr 18, 10:57 AM
    • 4,412 Posts
    • 3,652 Thanks
    Yorkshireman99
    • #4
    • 16th Apr 18, 10:57 AM
    • #4
    • 16th Apr 18, 10:57 AM
    This is a duplicate post. Please delete it.
    • Mojisola
    • By Mojisola 16th Apr 18, 11:01 AM
    • 29,632 Posts
    • 75,769 Thanks
    Mojisola
    • #5
    • 16th Apr 18, 11:01 AM
    • #5
    • 16th Apr 18, 11:01 AM
    Unfortunately the solicitors who drafted her will ballsed up and didnít change the deed on the house so he inherited it via suvivourship, despite knowing she had left him half and him agreeing to that while she was alive.
    Originally posted by Jaywood89
    Have you had any compensation from the solicitors?
    • Jaywood89
    • By Jaywood89 16th Apr 18, 11:09 AM
    • 160 Posts
    • 74 Thanks
    Jaywood89
    • #6
    • 16th Apr 18, 11:09 AM
    • #6
    • 16th Apr 18, 11:09 AM
    Sorry should of added more detail.

    Yes my mother left a valid will

    And the solicitor who helped me deal with the estate advised me to take them to court but I!!!8217;ve been sceptical about Persueing it as it could cost £1000!!!8217;s and I!!!8217;m not guaranteed to win.

    I have emails in which my mom corresponded with the solicitors instructing then to ensure all her possesions including her property passed to me, but they didn!!!8217;t follow through on the act and instead sent her (what looks like junk emails) but bless actually a leaflet on types of deeds of houses, my mom replied with I haven!!!8217;t got time to read all those panflets can you just do it please.

    Was never done.

    So I!!!8217;m not sure I even have a case there. My mom was a very smart women but she became very ill in the last 6 months of life as the cancer spread to her brain she struggled a lot with concentration. She had planned to re write it but died before her appointment to rewrite.
    • Jaywood89
    • By Jaywood89 16th Apr 18, 11:10 AM
    • 160 Posts
    • 74 Thanks
    Jaywood89
    • #7
    • 16th Apr 18, 11:10 AM
    • #7
    • 16th Apr 18, 11:10 AM
    I!!!8217;m note sure how. I don!!!8217;t know why it posted twice
    • elsien
    • By elsien 16th Apr 18, 11:15 AM
    • 16,913 Posts
    • 42,693 Thanks
    elsien
    • #8
    • 16th Apr 18, 11:15 AM
    • #8
    • 16th Apr 18, 11:15 AM
    She had planned to re write it but died before her appointment to rewrite.
    Originally posted by Jaywood89
    So what did the last valid will actually say about her estate and her possessions?
    Although if you were living there and you left things behind that belong to you such as your children's baby things, that's nothing to do with the will anyway, that's just you reclaiming your own possessions.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Jaywood89
    • By Jaywood89 16th Apr 18, 11:30 AM
    • 160 Posts
    • 74 Thanks
    Jaywood89
    • #9
    • 16th Apr 18, 11:30 AM
    • #9
    • 16th Apr 18, 11:30 AM
    Thanks for reply.

    Iím the named executor and beneficenry if all her possesions and estate. Thatís pretty much how the will reads


    My question regarding my own possessions was more if I canít get In to claim her things then Iím guessing I canít get in to claim my own.
    • Yorkshireman99
    • By Yorkshireman99 16th Apr 18, 11:40 AM
    • 4,412 Posts
    • 3,652 Thanks
    Yorkshireman99
    Thanks for reply.

    Iím the named executor and beneficenry if all her possesions and estate. Thatís pretty much how the will reads


    My question regarding my own possessions was more if I canít get In to claim her things then Iím guessing I canít get in to claim my own.
    Originally posted by Jaywood89
    If there is a valid will as you say then your father has stolen the house contents and probably committed burglary. You need to contact the police. You may have to really stand your ground. Don.t let him get away with it!
    • Jaywood89
    • By Jaywood89 16th Apr 18, 12:35 PM
    • 160 Posts
    • 74 Thanks
    Jaywood89
    Donít know if it makes any difference but my parents arenít married
    • Yorkshireman99
    • By Yorkshireman99 16th Apr 18, 1:54 PM
    • 4,412 Posts
    • 3,652 Thanks
    Yorkshireman99
    As there is a will it is OK. Your father is not entitled to a penny. Al the more reason to report him to the police. In any case under intestacy rules you would inherit from your mum.
    • getmore4less
    • By getmore4less 16th Apr 18, 2:40 PM
    • 32,758 Posts
    • 19,705 Thanks
    getmore4less
    Looking for Any advice Really.

    So my mother passed away from cancer last year. Iím an only child and we were very close. My mom had recently taken my dad back after he left her for someone else a few months after her terminal diagnosis (what a nice man). She told us she just didnít want to die alone and didnít want me to be parentless, even though Iíd said Iíve hated him for years so donít worry about it. Heís a drinker drug user womaniser who didnít contribute much to the household physically or finacially and I was happier when he left.

    Thatís just a bit of back ground to understand why Iím here. So my mom left everything to me in her will. Except 20% of her pension which she left to him as the tax if Iíd received the whole thing would of been more than the share she gave to him. So she had left him that plus the £49k on their life insurance (which she tried but couldnít leave to me) plus his half of the house.

    Unfortunately the solicitors who drafted her will ballsed up and didnít change the deed on the house so he inherited it via suvivourship, despite knowing she had left him half and him agreeing to that while she was alive.

    As I lived with them I had to move out as he decided to let me know that the house was his and I had no right to be there, also he started seeing the women he was seeing before within weeks of my moms death, bought a flash new car with the money left and informed me that he was willing to take me the executor to court to pay for the joint loan they still had together. so I had move out to a friends house (with my kids).

    I went to the house the other day to collect some photo albums from the loft as I knew he wouldnít miss them or even know they were there. When I got there, every shred of evidence in the house, like hung photos of my motherís were gone. Heís taken them all down, and my moms suitcase was in the hall (heíd been on holiday) with his new girlfriends clothes in. So I took every photo album I could find and just left. The reason for this is that things are just things at the end of the day but those photos hold memories and that means more to me.

    I went back today to collect some mail which I regularly do and I found the locks changed. Heís done this once before but his family gave me a key.

    My question is where do I stand legally on the contents of the house? My dad owns only the tv in the living room, everything else is my moms and I can prove recipets for almost everything? Do I have any right to those things as the beneficiary of her estate? Or are both her and my stuff now his as they are still in the house?

    Iím more Interested in all my baby things and my childrenís baby things. The things that hold memories. Tvís and beds etc are less of a concern to me.

    Any advice would be much appreciated TIA
    Originally posted by Jaywood89
    If he was told that in writing then that should have severed the joint tenancy and survivorship no longer applies to the beneficial interest.
    • Jaywood89
    • By Jaywood89 16th Apr 18, 2:47 PM
    • 160 Posts
    • 74 Thanks
    Jaywood89
    Not sure it was put in writing, it was more common knowledge between us all, it was said often that he will get half the house.

    I know thatís not reallt good enough in a court of law so I understand.
    • getmore4less
    • By getmore4less 16th Apr 18, 3:01 PM
    • 32,758 Posts
    • 19,705 Thanks
    getmore4less
    Did the father change his will at the same time to reflect the tenancy change.

    There are quite a few cases out there covering court ruling on severance of joint tenancies where the land reg did not get updated.


    Your wording previously indicates she was giving him 1/2, if they were joint/TIC he in effect had 1/2 anyway.

    If the will was not changed then there is nothing to support a severance was ever served or implied through other actions.

    if the will already passed everything to you then just a severance would have been enough to get 1/2 the house protected while the rest of the paperwork was done.
    • Jaywood89
    • By Jaywood89 16th Apr 18, 3:36 PM
    • 160 Posts
    • 74 Thanks
    Jaywood89
    Thanks for the reply

    My dad doesnít now nor has he ever had a will. My mom made one when she found out about her termnail diagnosis 4 years ago, They lived very separate lives finacially as my mom had a high powered job and lpaid all the bills and my dad spent all his wages on drink and partying.
    • getmore4less
    • By getmore4less 16th Apr 18, 4:47 PM
    • 32,758 Posts
    • 19,705 Thanks
    getmore4less
    If they were joint tenants there would need to be some evidence of the severances after the purchase.
    • Jaywood89
    • By Jaywood89 29th Apr 18, 5:20 PM
    • 160 Posts
    • 74 Thanks
    Jaywood89
    How to gain access to items left in a will.
    Hi.

    I wrote a post recently explaining how my mother left me as her only beneficent of her will. She owned a property with my father but didnít include him in her will, for a lot of valid reasons.

    She instructed a will and asked the people who wrote it to ensure all her assets passed to me. They didnít ensure that propert my mother and father owned together was severed to TIC so after her death he has taken possession of our house, denying me access despite it being mine and my childrenís home also. We have been staying with friends until our house purchase goes through.

    I recently went to the house and got my mail, my photo albums and my mothers jewellery, as my dad has moved in his new girlfriend (the one he announced weeks after my mom died). He then changed the locks and reported me to the police for theft as he stated he owns everything in the house.

    It was always my plan to just leave most of the stuff rather than enter a bitter dispute of Ďthingsí. But after an awful weekend of finding out about his behaviour in which he has reported me to the police for theft, removed me from the council register at the house and then called tax credits to say Iím no longer living there (ensuring I cannot pay my child care fees) . Iíve decided to hell with it I might aswell ensure the items I was left actually pass to the right person.
    How do I begin this? Should I write a letter of intent, giving him chance to hand over the things I can proved belonged to my mother? (Almost everything) . Or do I need to seek legal advice as he is now stating I am an intruder in my own home. Heís also told people he is selling the house and living in his new woman else where so my things will either be destroyed or taken to where I cannot get to them.
    • BrassicWoman
    • By BrassicWoman 29th Apr 18, 6:00 PM
    • 1,711 Posts
    • 7,022 Thanks
    BrassicWoman
    They didnít ensure that propert my mother and father owned together was severed to TIC
    Originally posted by Jaywood89
    1. who is the executor of the will
    2. please rephrase the above sentence as it is critical and reads a little vague just now
    Jan 18 grocery challenge £105.13/ £150
    • BrassicWoman
    • By BrassicWoman 29th Apr 18, 6:02 PM
    • 1,711 Posts
    • 7,022 Thanks
    BrassicWoman
    sorry, answers in your earlier thread

    https://forums.moneysavingexpert.com/showthread.php?t=5829076

    have you tried to execute the will eg applied for probate etc?
    Jan 18 grocery challenge £105.13/ £150
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