Will Trusts, Severance of Tenancy & then NOT executing the Will! What happens?

[Jaythered]

Hi,

My parents purchased Wills about 10 years ago. They contained Will Trusts for the Property and also leaves a lifetime interest for the survivor and means he was leaving his half of the house to me and my sister. The tenancy was severed at the time.

My Dad died 4 years ago and in talking to a friend about me already owning half of my parents property they suggested this might not yet be the case if Probate wasn't carried out at the time my Dad died. Which it wasn't as we didn't think it was needed at that time - only once my Mum passes away.

This friend also suggests that if the will wasn't executed it's possible my Mum has inherited my Dads half back after 2 years as she was his sole residual beneficiary.

Is he correct or wrong? Is it too late to execute my Dads will and ensure his half passes to me and my sister and doesn't become part of my Mums assets in case she ends up in Care?

Thanks in advance.

[des8]

When you say the will was not executed, do you mean probate wasn't obtained?
If the will was not executed properly it may not be valid, but I suspect you mean probate hasn't been sought.

There is no set time when the Executors or Administrators of the Estate have to start the Probate process.

However, there is a general expectation that an Executor or Administrator should complete the Estate administration within one year from the date of death.

Cash gifts paid after twelve months from the date of death mean the Beneficiaries are entitled to receive interest in addition to their gift,

When you say "the tenancy was severed" did you mean they changed ownership of their home from joint tenants to tenants in common?
Was this to avoid IHT?
This would mean your mother would not have automatically inherited your father's share. Probate will be needed so the personal representative can pass it according to the will.

Suggest the executor(s) apply for probate now as it will be less complicated than doing both on your mother's eventual passing.