Family member moved into a intestate property?

[redcisse09]

Re: Family member moved into a intestate property?

You say you are studying law and quite possibly want to enter the profession, well then, treat this as work experience, make out your a trainee barrister and get your case together then put it in front of the judge and jury (the beneficiaries) and make sure you win the case, get them to that solicitor and quick smart.

I've certainly treat it as experience, but I really just want to bang my head against the wall with all this paperwork. I thought I wanted to be a solicitor but now I've seen "how it works" I'd much prefer an more active role in the police force.

[wales01man]

Re: Family member moved into a intestate property?

Just re read the title of this thread mentions intestate do we presume there are serious doubts about the legality of the will,would explain Probate court being involved. If the will is invalid and the lady died intestate the rules somewhat change as to how the estate is distributed may i suggest the OP and the others contact the probate court for a decision

[redcisse09]

Re: Family member moved into a intestate property?

Just re read the title of this thread mentions intestate do we presume there are serious doubts about the legality of the will,would explain Probate court being involved. If the will is invalid and the lady died intestate the rules somewhat change as to how the estate is distributed may i suggest the OP and the others contact the probate court for a decision

I wasn't sure on what I sure have named the thread. I Presumed that because we are currently in a stand still (whilst waiting for a response from probate) that the estate would be in "intestate" until proven otherwise. Or does it work the other way?

EDIT: in a free consultation we mentioned a caveat was in place, and probate were looking at the will over its validity. The solicitor said its only a normal procedure, just so D1's solicitor can check to my sure everything is okay and there are no obvious issues and that any solicitor would naturally do this.

[CleverClogs]

Re: Family member moved into a intestate property?

As for the will it was in a booklet, lots of instructions "Name your executor", list your assets, do you have any property of value you want to gift"? etc. all this was filled in, the cheque wrote out. But when my Grandfather passed away everything was put on hold and it was never sent to the solicitors, and that's when she passed, things were so close to being finalized as well.

If you qualify as a lawyer, were you planning to work for Lowells?

I have posted this before - if the will was signed and witnessed, then it was "finalised". Sending it to a solicitor to be rewritten - so that the disposition of the house could be made clearer - was not actually necessary. A will does not need to be written by a lawyer to be valid - for most simple wills, a will form from a stationer's would be perfectly adequate.

This should have been a simple will, but it was (needlessly?) complicated by the money D1 had put into buying the house and which her mother wanted to be repaid from the proceeds if/when the house was sold. Had the house merely been bequeathed - given, if you prefer - to the eldest grandson, then D1 would have no valid claim on the property. If D1 had been left a sum of money - £18,000 say - to be paid when/if the house was sold, that should also have avoided the current problem.

[CleverClogs]

Re: Family member moved into a intestate property?

I also do not understand why D2 rather than the named executor took the will to "probate".

[CleverClogs]

Re: Family member moved into a intestate property?

If there truly is no other way, it will have to be "solicitors at dawn". Someone will take the case. For as long as there is payment or assets...

Or as long as the client still retains a few drops of blood in his veins?

[Inca]

Re: Family member moved into a intestate property?

I can understand why D1 doesn't think the 'gift' of the house to Grandson is fair,,it's not.fair. She has £18k+ invested in the house and,unless Grandson sells the house she won't see a penny of it.
Could the rest of the family buy D1 out of her share of the house? Is everyone else in the family happy that Grandson is inheriting the house and they aren't getting anything?
I don't think the 'wish list' has any creedance in all this tbh.

[CleverClogs]

Re: Family member moved into a intestate property?

I can understand why D1 doesn't think the 'gift' of the house to Grandson is fair,,it's not.fair.

And it's also not right?

Neither was Louie Armstrong's left buttock. So what?

She has £18k+ invested in the house and, unless Grandson sells the house, she won't see a penny of it.

Even if he did sell the house that had been left to him, there would seem to be no binding commitment on him to pay D1 anything.

Could the rest of the family buy D1 out of her share of the house?

If the will is valid and the grandson inherits the house, D1 does not have any share of the property.

Is everyone else in the family happy that Grandson is inheriting the house and they aren't getting anything?

D2 seems happy, else why should she have tried to obtain probate on the basis of the will? The son (OP's uncle) seems not to have been mentioned, although he would seem to inherit little or nothing.

The deceased's rings, baubles and bangles probably won't amount to much; she might have a few bits of porcelain or antique furniture but, again, probably not amounting to much.

If the will was shown to be invalid, then the estate would have to be divided up by the intestacy rules. In this case, the children of the deceased would receive equal shares from the sale of the estate; D1 would not inherit the house, nor would she be repaid the £18,000+ she had "invested" in it.

I don't think the 'wish list' has any credance in all this tbh.

It doesn't - it is irrelevant.

[Inca]

Re: Family member moved into a intestate property?

Was the 'gift' of the house to Grandson in the WILL or just on the 'Wish list?'
Best solution I can see is sell the house,,give D1 back her 18k,,and then divide the surplus between the siblings (as stated by OP in earlier post)
Or someone ask D1 if she wants to buy the others out of the property (minus of course her 18k and her share of the proceeds)

[enquirer]

Re: Family member moved into a intestate property?

Her solicitor and D1 are constantly asking us to withdraw from probate and have asked for the master copy of the will ...

... following which it would no doubt become accidentally 'lost'.

[MissFM]

Re: Family member moved into a intestate property?

One little question Redcisse (sorry am late to this thread and you may have already said but I can't find it) - are you the grandson who inherits, or is it your brother or cousin?