Will Complication

[Silla]

My son's partner of 12 years and engaged to be married , passed away only in her early 50's they were joint tenants, in her will she left her share of the house to her 3 god children with the understanding my son would live there for all his life ... He had put most of the money toward the house and had only just paid off all the mortgage just a few weeks before she died . They had not quite finished all the renovation of the property very old and part thatch he had also done a lot of the renovation ie the decoration part ... He is executor of the will also the two parents of the children . Where does he stand in law ...

[atticus]

You say they owned the property as joint tenants. If that is the case, your son became the sole owner automatically on the lady's passing.

Your son should ask someone to look at the Land Registry title document to check.

[Silla]

Thank you for the reply, and yes he has already checked with the Land Registry and they are Joint Tenants

[Silla]

Hello Atticus .. It was November when you kindly advised me about Joint Tenants , Now this couple of executors want to prove the ownwership of the house of my son and want to see all the documentation of the sale of the house 6 years ago and will not sign off probate. Although My son's partner left their children her value part of the house on my son's death he is only 55 years old at the moment , but she did not complete that will there was a technicality she did not complete and they want to rewrite the will even though the probate solicitor stated you can not bring some one back from the grave! My son had just paid a large payment to pay off the mortgage just before she died and they had both renovated this lovely old Thatched Cottage my son doing as much work as he could himself and was paying the Mortgage as she didn't work. His partner left a 80 year old Mother , and I am sure she never even thought she would outlive her Mother , and if any will needed rewriting it would have been for the care of her mother , who my son is very fond of .

[PallasAthena]

PLease can you clarify what the issue is about the Will?

Do you mean that the Will you referred to in Post #1 is actually invalid for some reason? What is the reason it is invalid?

Did she have an earlier Will that is still valid? If so what does that say?

[Silla]

Hello PallasAthena thank you for answering .. Yes my DIL to be did not complete the will , she did not put inplace the "Trust Deed" even though in the file there is a reminder from the Solicitor to do so but she did not do so, so yes invalid .. The wife of the two executors has hired her own solicitor and he wrote to my son in his first Paragragh how he thought it should be , but finishes with " But because they are both Joint Tenants "It is defeated " and then goes on to change things putting the property into a trust but his wording is very lax and he seems to want to include the whole property and for some one reading it that might be elderly and not quite understanding might be tricked into giving the whole property away ,, I am elderly and I missed the meaning first time I read it .. Luckily my son is not elderly and holds down a professional job... The executor is not a very pleasant character and was hassling my DIL elderly Mother about money she needed for a holiday , when they are very comfortable and there has been no empathy for my son who's partner died in his arms suddenly , with Police , Air-Ambulance & my Son all trying to save her ... The Executor's Solicitor is not a specialist in Wills , but he is for damages in accidents / negligence claims .These two executors husband and wife who we thought were friends are refusing to sign Probate .