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My late father passed away five yrs ago. On his death his…

Customer Question
My late father passed away...
My late father passed away five yrs ago.
On his death his will stated that his live in partner was intitiled to live in the property until she passed away she owned a 7.2% share of the property and the remainder share 92.2% was left equally to myself and my brother. This share was to be held in a trust by solicitors who were the executors of the will.
He also left individual items his car went to has live in partner and he left two motorbikes to me and my brother. All other items that were his were also to stay in property until his partner passed away then they became mine and my brothers as well.
The questions I have are his live in partner has sold the motorbikes which were left to me and my brother and she is also getting rid of other possessions of my late fathers.
We would also like to find out if we could sell our share of the property.
We are also aware that she isn’t taking care of the property and she has moved her daughter and her partner and child in and says they will be able to stay there after she has gone.
The relationship myself and my brother have with his live in partner is very strained and we would like to know where we stand legally. As you can imagine we have a very large interest in the house and contents as by the time we will get it there won’t be anything left.
How do we also stand now she has gotten rid of two items that we know of that were left to us in the will
Regards
Jonathan Butler
Submitted: 8 years ago.Category: UK Law
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Answered in 1 day by:
3/14/2010
Solicitor: Aston Lawyer, Solicitor replied 8 years ago
Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10,794
Experience: LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
Verified

Hi Jonathan,

Thanks for your enquiry.

As your Father's partner has a right to live in the Property for life, I'm afraid you have no right to sell your share of the Property, as it is held in Trust until she dies/decides to sell.

You will need to check the contents of the Will it see if prohibits her from moving her family in. If it does, the Solicitors, as Executors are under a duty to take action.

Likewise with the repairing responsibilities, this will be covered by the Will so you need to see what it says, as it is the Executors responsibility to make sure that she is complying with her responsibilities.

As regards ***** ***** and the items she has removed, the Executors were under a duty to make sure that you received your entitlement, and if this has not happened, you need to take it up with them, who in turn should recover the items/ proceeds of sale of the motorbikes from her.

I hope this answers your question, and if so, I would be grateful if you could press the Accept buton.

Kind Regards

Andy M

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Customer reply replied 8 years ago

Thanks for your reply the will doesn't say anything about the upkeep of the house and nothing about weather she can move her family in.

But surely she has a responsibility to maintain the house as i am going to receive a rundown derelict house in years to come other wise.

The motorbikes were listed as items to be given to myself and my brother she told us we could leave them in the garage as we had nowhere to put them, but she has now gone and sold them without telling us have we made a mistake by leaving them there or has she still broken the terms of the will by selling something that isn't hers?

Regards

Jon

Solicitor: Aston Lawyer, Solicitor replied 8 years ago

Hi again,

If the Will does not allow her to move her family in, then she is breaching the terms of the Trust- you need to speak to the Executors about this.

The Will should clearly explain who is responsible for maintaining the Property- if the Will does not put the onus on her, then she is not legally obliged to repair/maintain it. You should perhaps query the drafting of the Will with the Solicitors, but on the basis that the Will is silent, there is no obligation on her to maintain.

As she has sold the motorcycles, she is responsible for reimbursing you. The fact that they have been stored in the garage is irrelevant, on the basis that she agreed to this.

I trust this clarifies the position.

Kind Regards

Andy M

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Aston Lawyer
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