How long is a Will Valid for?

[jaw1985]

Hi All,

Looking a little advice before I potentially kick a hornets nest. My mother passed away 4 and a half years ago and in her will she left her home ( fully paid ) to my younger brother ( because he hadn't bothered moving out ) That aside, the will did have a clause which stated that if identified Party was not fit to take the property, then, the property would pass to other named party ( Me ).

Now, fast forward 4 years. My brother has wrecked the property, it likely needs approximately 10-15ks worth of repairs to bring it up to a livable standard. In Addition to this, my brother is likely going to be incarcerated very soon and for a Long time. I've had enough of him letting the place rot, and had all his troubles been known ( which they were ) to my mum at the time. I dare say she wouldn't have made the decision she did.

So, just looking to see if I have any sort of right to revisit the will, or if that is even plausible.

I've had a look online and found very inconsistent information, so if anyone can give me anything more definite, I'd appreciate it

[Amethyst]

I think to be able to help at all we'd need to see the exact wording from the will if you have it please, specifically in relation to the property and this

t if identified Party was not fit to take the property, then, the property would pass to other named party ( Me )

Revisiting the will likely isn't plausible but carrying the terms of the will into effect may well be. Has the property been properly transferred into your brothers ownership on the land registry ?

Also, to take in to account maybe any proceeds of crime or legal aid contribution claims that may be made against your brother and thus 'his' property going forward.

[Peridot]

Hi Jaww1985,

I'm not surprised you've had a variety of responses. From what you have indicated in your post it appears that the identified party would have to have been unfit to take the property when mum passed away. It wouldn't be an ongoing arrangement - if they became unfit the property would pass to you. I assume the property wasn't placed in trust for him to remain in until certain events occurred? The exact wording of the Will is relevant here.

I suspect you will need some face to face advice on this. You would need to take a copy of the Will to the lawyer to see. I suspect it will be a case of interpretation which can be a bit airy fairy which is probably why you've found conflicting thoughts on this.

[jaw1985]

Thank you - I'm working on getting my hands on the will for the actual wording.

Yes - the property has been transferred into my brothers ownership on the land registry, i'm guessing thats me screwed lol

[Peridot]

Hi again,
If you don't have a copy of the original Will you can obtain one with the Grant here:- https://www.gov.uk/search-will-probate
If the property was placed in trust for example then it may be a different situation but I suspect if it was left outright to your brother and then transferred to him you may have no recourse. Galling, but lets see the wording of the Will and maybe there is something to assist in it.