Any Will/Probate experts on here?

[Applecake]

Hello everyone,

Are there any solicitors who deal with probate etc on here by any chance?

My father died recently and has made my stepmother the sole executor of the will, and she doesn't think the will is worded correctly and seems to be disputing it. (The last thing she told me a month ago was that the wording didn't make sense and she was querying it with the solicitors but hasn't told me the outcome!)

I haven't any problem with her seeking clarification, but I also want to make sure that my fathers wishes are carried out and I am just trying to ascertain what this paragraph means so that when she comes back to me once probate is sorted I know that things have been done correctly for my dad.

The paragraph says - ' I give devise and bequeath my property to my wife (her name) for her respective use and benefit absolutely and upon her death to hold the same upon the trusts hereinafter declared'

after that the will goes on to say all of his residuary estate comes to me.

I think she believes the house is now hers totally (the property was in my fathers sole name although they were married for 25 years, she had been bankrupt when they got together and the house was bought in large part with my fathers divorce settlement and his parents inheritance). I've been lead to believe that at least a share of the property would pass to me upon her passing.

Can any experts advise on what the above actually means?

As I say, I don't have a problem with whatever the outcome is, I just want the piece of mind to know that whatever my dads wishes were are what happens, I don't want to fall out with my stepmum, and if the property is solely hers to do with as she wishes (she has her own children), then that's fine, I'm just unclear if the last bit sounds as though upon her death the property (or half of it as I assume after all this time she would be entitled to half?) is coming to me?

Thank you for any advice!

[deeley]

Can’t advise directly but wondering aloud if you have legal cover and advice on your house insurance that you might be able to call for help.

[parisdisneyfan]

Let me first say, very sorry for your loss. It is hard enough to lose your dad without problems over their will which sadly are all too common so you are by no means alone. I have absolutely no legal training as will the many well meaning replies you will get. However here is my experience which may or may not help.

My dad used to work in the land registry and also had some land related training so I grew up sort of picking up some bits. I believe from what you say that she can live in the house for the rest of her life but when she dies it will be split between some trusts that your dad set up, possibly for you and any children you/and siblings have and possibly her children. My guess is that is for several reasons - one she may not be good with money (previously bankrupt) or if the will was made a long time ago to stop any of her creditors getting it. Secondly, could it have been a condition of your dads divorce? Finally, it means you get a share of the house but without it having to be sold immediately. I believe it is called life rent use? It is a very fair way of allowing partners to stay in the house but children to still have a share in the future. I don’t believe she could sell it (if it was too big for instance) without the trustees approval. You need to find out who that is, btw is she sole executor or is it with a firm of solicitors?

I understand her getting it explained but if she challenged it the only people left with anything would be the solicitors! I saw this with my cousins😪. Can you contact the solicitor as his daughter and a beneficiary? I seem to remember you have even more rights if it is in Scotland. Solicitors often offer fixed rate consultations or first half hour free.

Good luck with it all, just what you need at this time of yearxxx

[Applecake]

thank you both - I hadn't thought about Legal advice on house insurance, I will look into that thanks!

I don't think there were any conditions to the divorce, but my dad always told me that he wanted to make sure I was ok (when my mum died everything went to her partner and he squandered the lot and I know my dad felt bad about that), so I know he didn't want that to happen to me (he had always told me there was money for me - which is mentioned in the will, but he never mentioned the house but he didn't get on overly well with his step children so I don't think he'd want them to have the whole house), but if what he's written above doesn't leave any of the house to me upon his wife's departing then so be it.

He very much loved his wife so perhaps he has left it solely to her - I have no problem with whatever the outcome, as I say id just like the peace of mind to know Dads final requests carried out as he intended. I'm really reluctant to contact the solicitors as I don't remotely want to fall out with my stepmum and I don't want it to look like i'm trying to get my hands on dads house, that really isn't my intention, I just want to feel happy that my stepmum is doing the right things.

[BevS97]

My mil had a trust setup in her will. It was commonly done about 20 years ago to avoid inheritance tax.

I’m no expert, but I believe upon her death the house will belong to the trust and you then need to look at the wording around the formation of the trust to determine who benefits from it.

[Applecake]

Originally Posted by BevS97

My mil had a trust setup in her will. It was commonly done about 20 years ago to avoid inheritance tax.

I’m no expert, but I believe upon her death the house will belong to the trust and you then need to look at the wording around the formation of the trust to determine who benefits from it.

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thank you Bev that is very helpful - the will is actually quite old so sounds like that is why its worded in this way

[BevS97]

I know we found it very confusing and it has taken a long time to sort out. Our solicitor explained that tax laws have changed so it is no longer necessary but it was quite common at that time.

[megaflyer]

Originally Posted by BevS97

I know we found it very confusing and it has taken a long time to sort out. Our solicitor explained that tax laws have changed so it is no longer necessary but it was quite common at that time.

See more...

It can be very confusing (I know) and tax can be due on the property on death hence why some have to break the trust to sell it and realise the assets. A good solicitor can really help there

[MarkUK]

It does sound like the house will go into a trust after your dads wife passes on. Until that time she will live in the house with the afforded security.

[Elmhurst 5]

I would most certainly get legal advice on this from a Solicitor who will give you the answers that you need, and how you go about ensuring your Dad's wishes are carried out properly.