UK Property Law
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Yes basically she has made my stepbrother a main trustee of my fathers will.
sorry i don't know how she did that the solicitors i went to for the restriction order on the property, didn't really want to get in to it they just advised me of the only option...if i could get a copy of my step mums will which surely im entitled to, but i cant as I said she doesn t want to speak to me.
I have a copy of the probate with the restriction on it which says about my fathers will and should be followed in accordance to my fathers will dated .....I. hope this helps I really dont know what else to do its not the money factor of this its what my Dad wanted, i have a older Brother and Sister to and i promised my Dad whatever he left me it would be split into three. Regards XXXXX XXXXX
What exactly did it say and what has she changed and what to?
That is what I am struggling to understand.
Who are executors?
Who applied for probate?
Can you let me have blow by blow of exactly what has happened please? Thanks
My Stepbrother is now the executor of the will, that is what the solicitor told me when they rang the probate office so they suggested to put a restriction on the property . My step mum must have applied for probate to change the will i would expect, i have very little detail on that side of things as she wont speak to me at all, its only what i found out through a different solicitor that didn't deal with my fathers will who in turn rang the probate office up. Regards XXXXX XXXXX
I still don't have enough information to go on.
Who was theexecutor appointed in the will?
Who applied forprobate? Was it stepmother all solicitors or stepbrother?
She cannot and hecannot change the will, under any circumstances, and that is what is confusingme.
What exactly didthe solicitors say that you spoke to?
The executor in the will was my step mum, my step mum applied for probate. The solicitor i went to see said that She had made her son the executor of her new will thus cancelling what my fathers wishes,as the new will , my step mums, didnt include me in it so in effect my Fathers will no longer exists. Can this be right ? So i have a copy of my Fathers original will, so they advised me to put a restriction on my Fathers House so it couldn't be sold without me being informed.
I think we are getting there.
Your mother renounced executor ship and the court awarded executorshipto her son. Nothing wrong with that.
At that time, the property was presumably in your father's solename, and in his well. He granted your stepmother at the right to live in itfor life. And when she died, it would be split equally between you and yourstepbrother. There is no harm, and nothing wrong with that, and indeed, it isnot unusual.
However, if that is indeed what your father's will, said, thennothing that your stepmother can do can change that will your father made.
She can do what she likes in her own will , but she can only bequestto her son, anything which she has been left and in this case, she was left alife interest with you and her son getting what is known as "the remainder".She cannot well her life interest to anyone because her interest ceases on herdeath.
On the facts that you have given me, therefore she cannot legallysell the property without your consent and without you being paid your share ofthe property. That is not to say that she might do something illegal andunderhand to try to deprive you of your interest. However, that would befraudulent.
However it is easier to prevent something happening than it is tounravel it after the event and that is why your solicitor suggested putting therestriction on the property so that she cannot attempt to do that and so thatyou will not have to unravel it later.
From the fact that you have given me, you should still get yourshare of the property when she no longer lives in it all when she dies.
She cannot change your father's will, so that her stepson or shegets anything other than what was in the will.
Does that answer the question?
Can I answer any specific points?
So in a nut shell what my Father wrote in his will stands, regardless of any other will being made by Step mum or Step Brother. I understand though that if my step mum goes into a home them the funds would come from the house is that normal procedure ?
The first part of what you wrote is absolutely correct. What yourfather wrote in his will, stands regardless of any other will being made bystepmother or stepbrother.
The second part is not correct: If your stepmother goes into a homeand funds are needed to pay for that care, it can come from her own assetswhich she only has a life interest in the property and it has no cash value sothey could not take the house.
Usually, theprovision in the will is that it reverts to the remainder men (you and yourstepbrother) once she no longer lives in the property, whether that is becauseshe dies, or simply doesn't want to live there or goes into care.
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