My Mother died and left her share of the house she lived in with her partner to my brother and myself. My borthers and my name is XXXXX XXXXX the will. My mothers terms ofthe will state that he does not have to sell until he dies. He has told us now that we have put our names on the deeds her will is now null and void. Concerned as he has remarried. if they are null and void can we claim rent from him, can we force him to sell up
Province/Country relating to question : UK
Talked to the other party and asked a solicitor for advice but was not happy with response.
HiJust to ensure I understand - they owned the property together as Tenants in Common.On her death she left you and your brother her share of the property and the property is now held by her partner you and your brother - with her partner owning 50% and you and your brother owning 25% eachYour mothers Will stated that her partner should be allowed to live there until his deathIs all of that correct?Claire
Sorry Claire it would not allow me on. Yes that is correct
My mother and her partners names were jointly on the deeds to the house. We have now added our names to the deeds as part owners with him and he says that mums will is now void
HiWhat does he mean by that?Claire
I think he means becasue we now have our names on the deeds and not my mums anymore that ehr will does not stand now. Simple as he has remarried the house does not have to be sold if he dies but he can pass it to his wife if this happens
HiWhat is the exact wording of the Will about this - does it say what happens if he remarries?Claire
No Nothing about him remarrying
HiYour mothers Will is not void - it has simply been acted upon. Her partner has the right to live there until he dies - at which point you and your sister can force the sale and receive your shares of the property.He of course can do anything he likes with his share.Claire
What do you mean anything he likes if he has passed away? So as he is living there now with his wife we can do nothing not even charge a rent, etc. Surely we can not kick his wife out if he has left her his share of the house. Does that not mean we still can not take any action against her should this be the case. Sorry dont mean to appear dense
HiOnce he has died then yes you can apply to the Court for an Order for the Sale of the property - his spouse would simply be entitled to half of the proceeds of sale.The only reason that you cannot force a sale straight away is because your mother's Will says that you may not - and equally you cannot charge rent.Claire
Thanks Claire just one more point please if my name and my brothers name is XXXXX XXXXX the deeds and my mothers name has been removed is the will still legally binding regarding the house. This is the bit I dont understand.
HiThe gift of the property from your mother had a condition - that her partner be allowed to live there until he died,Although the property is now in your names you are still bound by that condition and her partner can rely on that if you ever tried to apply to the court to force a sale of the propertyClaire
25 years experience of all aspects of family law
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