Wills

[Rohan d]

This is an issue about wills. Father died in 2005 leaving everything to mother including house. My mother passed away about three years ago and my brother is acting as executor for mothers will. My mother was the executor of my fathers will but never changed the ownership details of the house. We are in the process of starting to look at sale of property but have hit a problem with land registry. They are saying that the house is not legally owned by mother as it was never legally transferred to her after father's death. My father's will transferred the executorship to me will along with one of my sisters should my mother die.
Do I have to execute my father's will or does my mothers will supercede his will as both wills are very different in their wishes

[dslippy]

In exactly whose name is it now registered? If it is just your father's name and you are executor then you need to complete the job you promised to do.
There is no sense in which her will supercedes your father's will.

Just what needs to be done depends upon the registered title.

[atticus]

As your father's executor you should have transferred the house into your mother's name. It is not too late to do that. I am sure the conveyancing solicitor can advise.

[Rohan d]

I understand from Land Registry that the property is in my father's name. My mother was the original executor of my fathers will, however it has become apparent that she did not transfer the house into her name so father is still the legal owner, since mother has now died it appears that I have become executor of my fathers will, along with my sister, we are at a bit of a loss as which will is in effect with regards to the house.

[dslippy]

It should be very straightforward, but definitely easier just to ask the solicitor to get on with it. There are still one or two possibilities.

[Rohan d]

I understand from Land Registry that the property is in my father's name. My mother was the original executor of my fathers will, however it has become apparent that she did not transfer the house into her name so father is still the legal owner, since mother has now died it appears that I have become executor of my fathers will, along with my sister, we are at a bit of a loss as which will is in effect with regards to the house.

[dslippy]

The solicitor dealing with the sale can advise you. You are right that you inherit the probate it is called 'de bonis non adminitratis' (or 'de bonis non' for short).
Somebody didn't bother to sort things out before, so you pick up the rather small mess. Just get it done right.

[Rohan d]

This is the problem we are having. There is no one selling the property as my brother is living in the property and is executor of my mothers will and is very reluctant to sell the property. I have asked in previous threads do I have to sell the property as my father is sole owner, or as executor of my fathers will do I sell the property and carry out his wishes or does it come under my mothers will. Lots of problems which I suppose is not unusual Thank you

[atticus]

Get the title sorted out. Then you can move on to resolving the next problem. Don't let that next problem be a reason not to sort out the title.

[dslippy]

The title is not difficult to resolve. Get it done. Once you have legal title, then you are in a position to resolve the occupation issue. Once that is resolved the house can be sold.

You are where you are because people have not been ready to do the simple things, and have put them off. They have piled up. Mercifully the pile is unravelable.

[Rohan d]

Thank you for that. Unfortunately my Father's will was totally different to my Mother's, i.e. an equal split or an unequal split. It is difficult to decide which way to go, the house either transferred to me as my Fathers executor or me giving permission to my brother who is executor to my Mothers will. I am trying to be fair all round but either way there are winners and losers. I am at a loss as to the legalities of both options.

[Rohan d]

Thank you, some of the threads have only just come in.

[dslippy]

I am now confused. Who was / is executor of your father's estate? You have said both that it was your mother and that it was you.

[Rohan d]

Mum was original executor of dads will but she has now died without changing title deeds to her so father is still the sole owner of the property according to land registry. Fathers will states that if she died I was executor along with my sister. We have been told that we need to transfer title across to mums estate so my brother, as Mums executor, will have total control over selling the house.

[dslippy]

If your mum was alive when your father died then she was executor. The appointment of you as executor if she dies does not apply if she survived him.

Did she take out a grant in his estate?