Can I decline ownership of a property bequeathed to me in a Will?

[ZED]

Re: Can I decline ownership of a property bequeathed to me in a Will?

See here for variations and rejecting bequests.

http://www.nelsonsonline.co.uk/nelso...=A76991BD77122

Given that the property cannot be advertised anywhere else, one wonders how the executor is supposed to dispose of it properly in order to wind up the estate.

The nuclear option is to refuse the bequest, and also to be the executor. That would leave the whole lot of them at each others throats.

The nuclear option is very, very tempting! :heh:


I 'phoned The Woolwich (aka 'Barclays Bank') this morning in response to their letter requesting mortgage payments. I explained the situation, and the person I spoke to suggested that I could sign the flat over to them (The Woolwich) and their legal dept would 'deal with' Retirement Security's relectance to sell the property. She explained that after mortgage debt & arears had been paid, and after R.S had dipped into the pot for their scandalous 'service charges' and arears, I would be entitled to have "whatever is left" (which will probably amount to nothing).
I asked her to send the relevant documents ... but I'll not be signing anything until after I've consulted with AgeUK etc.

[wales01man]

Re: Can I decline ownership of a property bequeathed to me in a Will?

Letting the Woolwich handle it from now on might be the best way to end this you may receive something in the end may not but make sure that no cost will ever be attributed to you then you can get back your life its no doubt been a strain and needs concluding ASAP whatever you decide heres hoping it all ends sooner than later

[PlanB]

Re: Can I decline ownership of a property bequeathed to me in a Will?

I 'phoned The Woolwich (aka 'Barclays Bank') this morning in response to their letter requesting mortgage payments. I explained the situation, and the person I spoke to suggested that I could sign the flat over to them (The Woolwich) and their legal dept would 'deal with' Retirement Security's relectance to sell the property. She explained that after mortgage debt & arears had been paid, and after R.S had dipped into the pot for their scandalous 'service charges' and arears, I would be entitled to have "whatever is left" (which will probably amount to nothing).
I asked her to send the relevant documents ... but I'll not be signing anything until after I've consulted with AgeUK etc.

Of course the Woolwich want you to sign the flat over to them so they can help themselves to the money they're owed and not give a damn about anyone else :rant: They could repossess it and bung it into auction for a quick sale at well below market value or do a deal with Retirement Security. I don't see how the Company can enforce the *sole selling rights* clause in the contract if it's been repossessed by the bank :noidea:

Can you post up the the maths first so we can see if there is anything worth fighting for. The value of the property (£220k or £190k?), the outstanding mortgage debt (get the Woolwich to send you a redemption statement and a breakdown of any charges added which may be unfair), and a list of any debts secured on the property (who says the outstanding service charge account is secured to the flat because that never happens!).The company can get in the queue for the leftovers along with everyone else and your legal fees are higher up the list

Once you have all the facts you will need a solicitor to take a view on whether there will be money available to be distributed after the charges by the company have been reconciled and/or disputed. Get Retirement Security to send you a complete breakdown of her account going back six years. It'll be easy for them because it's on a database. Alternatively you could send them a SAR and you'll get the whole file so you'll know exactly what went on.

[FlamingParrot]

Re: Can I decline ownership of a property bequeathed to me in a Will?

It is very complex matter. In my opinion you can decline ownership. However you should consult with with professional expert. I suggest you one expert person below.

Why? When he can first do what Plan B suggested above. :yo: No point in paying people to do what you can do yourself, and even when you end up taking that route, it pays to do your homework first.

[jon1965]

Re: Can I decline ownership of a property bequeathed to me in a Will?

It does indeed pay to do your homework. A a good solicitor will tell you if his services are needed but will also tell you what you "should " do, sometimes it pays to ask the question...what would happen if I did x or y?

[FlamingParrot]

Re: Can I decline ownership of a property bequeathed to me in a Will?

It does indeed pay to do your homework. A a good solicitor will tell you if his services are needed but will also tell you what you "should " do, sometimes it pays to ask the question...what would happen if I did x or y?

...only if they put people ahead of bu$ine$$... :wof::wof::wof: which isn't always the case...:nono:

[jon1965]

Re: Can I decline ownership of a property bequeathed to me in a Will?

Sorry as an example...when Val ( I never really know how to describe her) died I had done a lot of research with help from the good people that were on another forum and others so pretty much knew what was what. However the £90 I spent on a consultation with a solicitor was money well spent, he answered a few questions, I asked a few what if questions and he said he really thought I was on the case and didn't need more legal help however he was there if I wanted him

[PlanB]

Re: Can I decline ownership of a property bequeathed to me in a Will?

It does indeed pay to do your homework. A a good solicitor will tell you if his services are needed but will also tell you what you "should " do, sometimes it pays to ask the question...what would happen if I did x or y?

I'm hoping that the OP's legal costs for dealing with the estate can be claimed against any money left over after the flat has been sold/repossessed and that those costs would be paid in advance of any "debt" claimed by Retirement Security. That's why it's so important to do the homework and gather the paperwork before agreeing to sign over the property to the bank :hand:

Death is an emotional issue and if it was my Mum I would fight tooth and nail to make sure no vultures took advantage of her assets however little may be left :smash:

[jon1965]

Re: Can I decline ownership of a property bequeathed to me in a Will?

Should do Plan B
Funeral costs including headstone
Costs of administering the estate including legal and reasonable executor costs

Top two priorities
However as you say it is a very emotional time and something I would not wish on my worst enemy

[ZED]

Re: Can I decline ownership of a property bequeathed to me in a Will?

Why? When he can first do what Plan B suggested above. :yo: No point in paying people to do what you can do yourself, and even when you end up taking that route, it pays to do your homework first.

Yes, absolutely.

I've had confirmation that ... "The law will not force a beneficiary to take a testamentary gift against their will. A beneficiary is free to refuse a gift if they wish to do so" ... which is good to know 'just in case' !

So I'm now in the process of finding out how much money is owed for the mortgage and for the 'service charges' (there are no other debts involved). I was amused (but not surprised) that The Woolwich sent the form re: signing ownership of the flat over to them, without any info. about how much is currently outstanding on the mortgage!

[ZED]

Re: Can I decline ownership of a property bequeathed to me in a Will?

I've been to the C.A.B this morning. This was just a preliminary 'assessment' interview ... notes about the case were made; and I was given an appointment to see their housing specialist on April 9th. If the situation is beyond her remit I will then be referred to one of the solicitors on their books.

Still no news about the actual amount of debt.

[ZED]

Re: Can I decline ownership of a property bequeathed to me in a Will?

Well I now have ANOTHER strand to this saga to worry about!
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I went to the C.A.B this morning ... I had an appointment with their housing specialist. We were unable to get much further with regard to equity on the property because I still haven't received details of the amount of mortgage debt from The Woolwich, or details of the 'service charge' debt from Retirement Security Ltd. (I'd also requested information re: what % of the flat was owned by my Mum; and I asked for a copy of the agreement/contract/lease that Mum signed when she agreed to pay the service charge costs etc ... but Retirement Security Ltd haven't sent those either).
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However, the C.A.B person this morning said that I'd shot myself in the foot by obtaining probate. I didn't realise this at the time, as I assumed getting probate was just one of the 'to do' jobs that had to be carried out when someone dies. (I seem to recall that the advice re: getting probate was in the booklet/s that I received from various organisations when Mum passed away ... otherwise I wouldn't have had a clue about probate).
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This is regard to Council Tax.
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Under Government rules, Mum was exempt from paying council tax on the flat whilst she was “receiving care continually” in the Nursing Home. However, upon the death of the former occupier ... “Once probate or letters of administration has been granted the dwelling can be exempt for up to a further six months.” So from 6 months after I’d acquired probate the flat has been accumulating a Council Tax bill!

From the fact sheet #71e: “From 1 April 2013 in England local authorities may charge an empty homes premium of up to 50% of council tax payable on properties that have been unoccupied and substantially unfurnished for 2 years or more.”
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However, I’m guessing that a Council Tax debt would be higher up the league table of payees than service charge debt, should there be an equity at all from the sale/re-possession of the property? .
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(NB: sorry about all the extraneous full-stops, but for some reason I can’t make paragraphs on this website in the ordinary way ... !)

[PlanB]

Re: Can I decline ownership of a property bequeathed to me in a Will?

the C.A.B person this morning said that I'd shot myself in the foot by obtaining probate. .
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This is regard to Council Tax.
.
Under Government rules, Mum was exempt from paying council tax on the flat whilst she was “receiving care continually” in the Nursing Home. However, upon the death of the former occupier ... “Once probate or letters of administration has been granted the dwelling can be exempt for up to a further six months.” So from 6 months after I’d acquired probate the flat has been accumulating a Council Tax bill! . .
)

Does this mean the CAB confirm that you are now the legal proprietor (i.e. owner) of the property and have been since probate was granted?

[ZED]

Re: Can I decline ownership of a property bequeathed to me in a Will?

Does this mean the CAB confirm that you are now the legal proprietor (i.e. owner) of the property and have been since probate was granted?

I'm not sure PlanB ... I haven't contacted the Land Registry, so presumably they still have Mum & Retirement Security on file as the owners? I got the impression that the C.A.B person hadn't dealt with a similar case previously. I have a further appointment with her on 24th April (we're assuming that by then I will have received all the documentation that has been requested from The Woolwich and Retirement Security Ltd).

[PlanB]

Re: Can I decline ownership of a property bequeathed to me in a Will?

I haven't contacted the Land Registry, so presumably they still have Mum & Retirement Security on file as the owners? I got the impression that the C.A.B person hadn't dealt with a similar case previously.

Well if you don't own the property how can you possibly have a Council Tax liability :doh: I'm not sure what the CAB person was thinking.