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Not sure if we're entitled

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  • Not sure if we're entitled

    Long story short, I'll try to keep it brief ....

    Dad died 30+ years ago. House automatically went to mum (don't think there was a will).
    Mum met and later married another man and he moved in.
    Mum recenty died.
    My sister and I have never had a good relationship with this man. He controlled and isolated mum from all friends and family so things are now somewhat tense.

    He says there is a will but wont show us. We have no idea what might be in the will or who the executor may be.

    The land registry is still in mum and dads name from years ago too.

    So, where do we go from here - if indeed anywhere?

    The house isnt worth alot. No where near 270k in the estate etc. We're in the UK.

    How do we get access to the will if he won't show us?
    What implications does the land registry being in mum & dad's name have for him (or us) if any?

    Is this a situation worth getting embroiled in or is everything now basically his for him to sell and give to his children?

    Tags: None

  • #2
    He will need to obtain Probate for which the death certificate and Will are needed. Once that has been approved, the Will is a matter of public record and anyone can obtain a copy of the Will for a small fee. You can then check to see who the executors are and go from there.

    It is a difficult time and I know from personal knowledge that these things do happen as my sisters children were cheated out of their inheritance.

    Comment


    • #3
      Is probate necessary in all cases when someone with assets dies? I'm sorry, I don't understand much about it.

      What is he just doesn't do anything? He could just carry on living there and action nothing couldn't he?

      Would he have to apply for probate in order to sell the house (and amend the land registry) even though they were legally married or could he do this by showing documentation such as death certificate for my dad & mum and then their wedding certificate ?

      Ita such a minefield. I suspect he's just going to sit tight and not provide any information to us

      Comment


      • #4
        Probate is not always needed in certain cases, so he could simply do nothing and when he dies it may all of the estate could go to others

        If here is a Will, it may have included you and your sister, but unless you can get to see it you cannot move ahead. Keep checking with the Probate office to see if Probate is applied for.

        Perhaps others may be able to suggest a way forward?

        Comment


        • #5
          Condolences on the recent loss of your mother.

          If the will was made prior to your mother's second marriage , it will be void and the rules of intestacy apply.
          If your valuation of the estate is correct everything will pass to her husband.

          On your father's passing the Land registry files should have been amended to show your mother as sole proprietor, but that can be rectified and does not alter the fact your mother was the legal owner.

          Without seeing the will (if one exists) ir is not possible to say what happens regarding legal ownership of the house, but it is possible in any case that her husband will have a beneficial claim upon it

          To force sight of the will you might have to take legal action by applying for an order under section 122 of the Senior Courts Act 1981 for the husband to attend court for examination, and to answer questions and bring in any testamentary documents

          Comment

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