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Bad Will scenario, help please?

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  • Bad Will scenario, help please?

    Hi folks,
    It would be valuable if any of you guys may offer an insight on my and my siblings current situation after the passing of our father a few years

    Basically my Dad, a successful businessman, divorced my mum years ago when I was in my early 20s.Their marriage had been pretty dysfunctional for a long time so it wasn't surprising.

    My Dad remarried a few years later to a subordinate from the establishment he worked for, also a divorcee.

    After originally having some animous towards her for the divorce, perhaps misplaced, over the ensuing years we got to know her personality.

    To say she is materialistic, shallow, and a goldigger is an understatement. My Dad was the exact opposite. He was intellectual and thick skinned she a bit of a dullard and seemed to only be interested in appearances and acquisition of new items.

    My Dad was coerced by her to acquiesce to this over the years, antithetical to his upbringing. We could see the change in him and there was tension but mostly civility between us and her for him. She seemed controlling with him. Him having to be home at certain times etc. All of us children concurred on her personality. He brought the majority of wealth to the relationship.

    Anyway my Dad tragically died a few years ago in bad circumstances. He was unconscious for a while and passed away some days later. She was not at the hospital at the time.

    My Dad left a TIC Will on the house leaving her a life interest and £multiple k in money, half his large pension. The Will was generic and not personalised at all. The beneficiaries were her kids and us equally on the house. We believe itís possible she coerced him into a will that didn't immediately allow any estate to the beneficiaries if he passed first. She didn't offer a penny of his capital even as a token gesture. She lives in a nice house in with no money worries. She also refused an executor access to the will file for unknown perhaps insidious reasons.

    One of my siblings does not need any advance on the inheritance. I'm currently disabled living on ESA and on my uppers and my other sibling wants to move out of his flat. We cannot do anything currently. I may pre decease her as I have health issues. I know it was my Dad's Will but do you think she should at least talk to us about the situation? Maybe he was coerced.

    We have thought of an equity release scheme but knowing her personality with money she may be obdurate and make things worse by changing her will. Her daughters seem to be in her mold. We all got on really closely with my dad and were devastated at his early passing. I had a deep depression. I am really struggling financially and this constant worrying about money and her is affecting my MH badly.

    Is there a loan one can take out against being a beneficiary in will?

    What can we do?

    Thank you kindly in advance.
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  • #2
    Hi Welsh Wizard,

    I am sorry to hear of your situation. It can't be easy for you or your siblings. With so many second family situations occurring now it is all too common for these sorts of situations to arise.

    Unfortunately there is little you can do. I assume that the Will is clear as to when/if your step mother had to leave the property for example if she re-married or chose to leave. It would be necessary to see the wording of the Will to confirm the circumstances this right to reside in your father's share should end. It is quite common for this situation to arise where co-owners sever their tenancy, allowing the individual in a couple to 'Will' their share to whoever they wish but to also protect the surviving co-owner ensuring they have a home until such event happens as dictated in the Will.

    How is the property owned now? Is it co-owners between her and the beneficiaries under your father's will?

    Ultimately you will receive your share of your father's part of the property but it will not be until one of the situations stated in the Will occurs. I'm afraid it is highly unlikely you could secure a loan against your 'share' as there is no certain date when you are likely to receive your share.
    There is also no guarantee the property will retain it's value, so I suspect any lender would have difficulties agreeing a loan even if they thought of a novel way to do so.
    It appears from what you say that your father's share is to be divided between a number of children and stepchildren too. Is that correct or is his share left to you and your siblings and your step mother's share left to her children?

    In addition, however moral or not you feel your step mother's behaviour is you can't force her to give you any of her inheritance, irrespective this is your father's Will. Would she consider loaning you some money or buying out your share of the property? Just trying to think a little outside the box here. Of course if she purchased your share of the legacy from you then it would be on the value the date the transaction took place. You would also not be entitled to any share in a legacy once the property is eventually sold. It may be worth you discussing with an independent financial adviser although I wouldn't be too hopeful there is any loan type facility available to you I'm afraid.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.


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