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Hello, I would appreciate some advice or opinion on the following problem (it's complicated): My father passed away in December, this year, due to dementia. He had been living alone in his second wife's house after she died 22 years ago. She had one son and, in her Will, she said the house would not go straight him but that my father could live there, rent free, for as long as he needed to. As I have always understood it, after he no longer needed to live in the house and left, the son would have possession of the house (my family always accepted this, we never thought or tried to make a claim on the house for ourselves). My father was officially diagnosed with dementia in May 2017 after family and friends suspected he was ill for nearly 2 years before this. Since his diagnosis, the stepson made my father's executors aware of a, so called, Deed of Trust that the stepson claims he drew up and signed, on legal advice, with my father. (The stepson, only last year, claimed it invalidated/ superseded his mother's Will - prior to this announcement, knew nothing of the document.) The executors, and my siblings, had been totally unaware of this document/ agreement between our father and the stepson. Apparently, the stepson had been paying my father a small sum of money each month to help maintain the house: my father had claimed he could not afford all the maintenance himself. I knew nothing of these payments until my father mentioned it briefly, in 2016, and never saw any documents about them. I assumed it was OK because my father would never enter into any such agreement if it was going to cause a problem. During the time the money was being paid, my father replaced all the windows with new double glazing. The structure of the building was maintained in good repair, as was the garden. Household bills were always paid up-to-date. Generally, my father always looked after the house - then he became old, frail, ill and confused.
However, in November 2017, when the stepson knew my father was in hospital and it was unlikely he would be returning to the house, the stepson had the locks changed - which made things very difficult for us because we could no longer have access to clear our father's possessions. On the day before the funeral, my brother (who is my father's executor) and myself, met with the stepson (and spouse) at the house to discuss how to clear our father's things. We found that most of his things had been boxed up and moved into the outside garage to 'help' us, we would not allow us to sort the things ourselves inside the house. They advised us to hire a skip and throw everything else in. We were treated highly insensitively when we were grieving. The stepson then took us round the interior of the house and pointed out maintenance issues: they complained that my father had neglected to have the home redecorated, the kitchen units needed replacing, the carpets were worn out, the boiler and radiators needed replacing, and the house needed re-wiring. They claimed that, in not having these jobs done, my father had not obeyed the terms on the Deed of Trust and now we were owing them several thousands of pounds from the estate for redecorating, a new kitchen, new heating system, new carpets, and re-wiring. My brother (the one remaining Executor; the other Executor having resigned over receiving harassing emails from the step family accusing him, erroneously, of 'money-laundering') asked the step brother to show us the Deed of Trust. Immediately they refused, accusing us of 'prying' into my father's affairs - stepbrother said it was just between himself and my father. We think the stepson does not trust my brother, the Executor - some years ago, there must have been some doubt raised about whether the stepson would get the house and it would go to my brother, instead, after our father left. Father's stepson was likely to have been concerned he would not get his rightful inheritance unless this Deed of Trust was drawn up - but we don't know this for sure. However, it is highly suspicious that they will not show us this document and our Probate solicitor cannot trace a copy.
We believe the stepson is being unreasonable in demanding this sum of money for repairs - they claim it is due because the above list of repairs was not done while they were paying the house maintenance sum, while they were financially struggling themselves, and they would have difficulty getting the best price when the house is sold. The stepson gave us until February to pay the money, and he would do the repairs himself, or he would get a surveyor who would probably estimate the repairs to be many thousands more. Since then, we have not paid the money and have sought legal advice from the probate solicitors. (The stepson then threatened to block the Probate if the money was not paid.) Their opinion is that the so called 'damage' is normal wear and tear, so no money is owing from the estate. We have not heard anything from the step family and have seen, online, that the property is now for sale and 'under offer', the above listed repairs have been completed except for new carpets. Our solicitor has been indicating it is a good sign that stepbrother has gone quiet because it is less likely he will continue with the claim on the estate, although there was a possibility a Caveat would come to light when the Probate is applied for. The Probate has not yet been applied for, we were waiting for a search on out father's assets and waiting for the copy of the Will to come from his solicitors.
On Wednesday, this solicitor tells us they have had to enter a Caveat with the Probate Registry due to concerns over the estate. We don't yet know, for sure, who has brought this Caveat but we suspect it is the step family. Our Probate solicitor says they will pass the matter to their probate dispute department - but it is all very worrying and upsetting for us. Our solicitor advises the caveator could be 'warned off' but, as I gather, if this does not work the matter could go to court etc. After six months they can renew the Caveat if no agreement is reached and this renewal process may go on indefinitely (if I have understood this correctly?). This could prove very time consuming and expensive - and we are worried that the estate will be mostly gone on fees and expenses before this matter is resolved. My family is currently suffering financial hardship and we were really counting on my father's estate to solve some money problems, not make matters worse. Please, I would be grateful for any opinions or advice on how to bring this matter to a, hopefully, swift conclusion and settle the matter (for both parties if necessary). Many thanks.
However, in November 2017, when the stepson knew my father was in hospital and it was unlikely he would be returning to the house, the stepson had the locks changed - which made things very difficult for us because we could no longer have access to clear our father's possessions. On the day before the funeral, my brother (who is my father's executor) and myself, met with the stepson (and spouse) at the house to discuss how to clear our father's things. We found that most of his things had been boxed up and moved into the outside garage to 'help' us, we would not allow us to sort the things ourselves inside the house. They advised us to hire a skip and throw everything else in. We were treated highly insensitively when we were grieving. The stepson then took us round the interior of the house and pointed out maintenance issues: they complained that my father had neglected to have the home redecorated, the kitchen units needed replacing, the carpets were worn out, the boiler and radiators needed replacing, and the house needed re-wiring. They claimed that, in not having these jobs done, my father had not obeyed the terms on the Deed of Trust and now we were owing them several thousands of pounds from the estate for redecorating, a new kitchen, new heating system, new carpets, and re-wiring. My brother (the one remaining Executor; the other Executor having resigned over receiving harassing emails from the step family accusing him, erroneously, of 'money-laundering') asked the step brother to show us the Deed of Trust. Immediately they refused, accusing us of 'prying' into my father's affairs - stepbrother said it was just between himself and my father. We think the stepson does not trust my brother, the Executor - some years ago, there must have been some doubt raised about whether the stepson would get the house and it would go to my brother, instead, after our father left. Father's stepson was likely to have been concerned he would not get his rightful inheritance unless this Deed of Trust was drawn up - but we don't know this for sure. However, it is highly suspicious that they will not show us this document and our Probate solicitor cannot trace a copy.
We believe the stepson is being unreasonable in demanding this sum of money for repairs - they claim it is due because the above list of repairs was not done while they were paying the house maintenance sum, while they were financially struggling themselves, and they would have difficulty getting the best price when the house is sold. The stepson gave us until February to pay the money, and he would do the repairs himself, or he would get a surveyor who would probably estimate the repairs to be many thousands more. Since then, we have not paid the money and have sought legal advice from the probate solicitors. (The stepson then threatened to block the Probate if the money was not paid.) Their opinion is that the so called 'damage' is normal wear and tear, so no money is owing from the estate. We have not heard anything from the step family and have seen, online, that the property is now for sale and 'under offer', the above listed repairs have been completed except for new carpets. Our solicitor has been indicating it is a good sign that stepbrother has gone quiet because it is less likely he will continue with the claim on the estate, although there was a possibility a Caveat would come to light when the Probate is applied for. The Probate has not yet been applied for, we were waiting for a search on out father's assets and waiting for the copy of the Will to come from his solicitors.
On Wednesday, this solicitor tells us they have had to enter a Caveat with the Probate Registry due to concerns over the estate. We don't yet know, for sure, who has brought this Caveat but we suspect it is the step family. Our Probate solicitor says they will pass the matter to their probate dispute department - but it is all very worrying and upsetting for us. Our solicitor advises the caveator could be 'warned off' but, as I gather, if this does not work the matter could go to court etc. After six months they can renew the Caveat if no agreement is reached and this renewal process may go on indefinitely (if I have understood this correctly?). This could prove very time consuming and expensive - and we are worried that the estate will be mostly gone on fees and expenses before this matter is resolved. My family is currently suffering financial hardship and we were really counting on my father's estate to solve some money problems, not make matters worse. Please, I would be grateful for any opinions or advice on how to bring this matter to a, hopefully, swift conclusion and settle the matter (for both parties if necessary). Many thanks.
