Problems following my mum's death

[lloydroberts]

I apologise for this long winded question.

My mother died in December and I am the main beneficiary of her estate.

She had a house that was bought along with my wife and I, this was a 1/3rd to my wife and I and 2/3rds to my mum.

The 2/3rds isnt the problem and this is coming to me once all deductions and debts are settled but the 1/3rd is not a part of the will so can be released immediately.

There is a signed document that states the 1/3rd is split into 1/6th each.

We have been seperated for 14 years.

Now, my wife has informed my soicitor(through her solicitor)that I promised her my 1/6th share(which I deny)so now my solicitor is refusing to release the money until an agreement is reached.

As far as I am concerned she isn't entitled to my 1/6th share so can my solicitor refuse to pay out now?

Any advice will be gratefully received.

TIA

Lloyd

[mariefab]

Has your solicitor explained why he won't accept your signed document stating that the 1/3rd split is 1/6th each?
Has your estranged wife produced a later document stating that you agree that she can also have your 1/6th share? Or, has she been asked for this and you are waiting for a response?
Because, if not, I don't see why he considers her recent claim to be an issue that needs to be resolved.

[lloydroberts]

Nothing at all in writing.
just the original document that states 1/3rd split between us into 1/6th shares.

i don’t really want representation or the added costs but the solicitor dealing with my mum’s estate passed over the monies(1/3rd) to the litigation department in the same company.

[lloydroberts]

Ps he has accepted the document but it’s the claim that I promised her my 1/6th share that seems to be a problem

[Peridot]

Hi Lloydroberts,

I am assuming that you are separated and not divorced so there has been no consent order made as part of any divorce agreement? Did you make a separation agreement when you parted ways? Why does she have a separate solicitor are you in the process of divorcing or settling your finances?

Just to clarify you have been given the 2/3rd share of the sale proceeds (which your mother owned and left to you) only and have not as yet received your half of the other 1/3rd share that was owned by you and your estranged wife. Is that correct? The remaining 1/3rd is currently being held by the solicitors firm pending agreement between you and your ex?

In order to sell the property the executor together with you and your wife were required to sign the transfer documents is that correct? Was there a deed of trust in place explaining how the property was to be held when it was purchased ie Mum 2/3rds, you 1/6th, your wife 1/6th (or 1/3rd jointly with no stipulation how that 1/3rd was held between you)?

The document you refer to what exactly is it. Is it signed and dated and when was it created?

You mention it has been passed to the litigation department I suspect that the probate lawyer has contacted the litigation department thinking that you will be wanting to instruct them to deal with the issue. Once you have been able to confirm the various things we have asked we may be able to point you in the right direction.

It would be for her to prove that this 'promise' was made. Without any documentary evidence I would suggest she is going to have a struggle. However as you rightly point out until that point, costs could well be incurred in arguing the point.

[lloydroberts]

Thank you for your reply.
we haven’t registered our separation even though it was 14 years ago.

when the house was bought we had a document drawn up stating the % split which was signed at a solicitors.
there was nothing lodged against the property as my mother was the one who got the mortgage and we paid a share of the repayments until my wife left 4 years after the purchase and didn’t contribute anything for the last 14 years.

The house was sold by my mothers solicitors/executors and all debts paid.

I haven’t received my inheritance yet as we are in the final stages having placed notice in The Gazette.

The 1/3rd share doesn’t come under this as we are part owners and the funds were transferred to the litigation solicitors client account.

My 27y/o daughter has recently been diagnosed as having a brain tumour and this is why I want my share(1/6th)so that I can use the money to make things a little bit better for her and possible seek alternative treatment,

The money is mine as far as documentation is concerned and cannot understand why it is being withheld

[ostell]

As you are separated she might just decide to file for a divorce and it could mean that she could go for 1/2 the property now it is yours. Perhaps accept the 1/3 and make it conditional that there will be no further financial claims on you. From one that has been twice bitten.