Will Advice

[Cindyt]

My father died 18 months ago leaving his estate to my stepmother. She has since died and we found out that the house, on which there is a mortgage still owing, has never been transferred into my stepmothers name as she failed to complete the transfer paperwork or make any payments since my father’s death. She has now left her estate including the house to her children. Is her will valid if she technically doesn’t own the property and there is money owing on it? There was a caveat in my fathers will that if my stepmother died within a certain time frame, I think it was 60 or 90 days , that the estate would be split between his children and my stepmothers children. She did not die within this time but I wondered if this had any bearing on what happens now.

[EnglandPi]

Yes the will is still valid but technically as she doesn't own the house outright only her share will form part of her estate as the mortgage company will still expect to be paid and will have a charge registered with the land registry. Your father's will has no effect.

[Cindyt]

Thanks for this. So can we assume that the executors (solicitors) will have to sell the property in order to repay the outstanding mortgage (there is no other equity in the estate to do this) and then the remaining proceeds will be split between the beneficiaries?

[EnglandPi]

Thanks for this. So can we assume that the executors (solicitors) will have to sell the property in order to repay the outstanding mortgage (there is no other equity in the estate to do this) and then the remaining proceeds will be split between the beneficiaries?

Correct