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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My parents were divorced, back in 1984. My father moved out

Customer Question

My parents were divorced, back in 1984. My father moved out of the family home. Under the Willesden County Court, a Consent Summons was issued, for both parties. My mother had to pay my father, the sum of £12,000 for about 35% equity of the family home to my father.

My father had a charge of 15% as a remainder on the home, which came under certain conditions. The remainder owing was £6,000.

Is the charge owing to him, fixed in terms of the interest rate, back in 1984? He now want's his 15% that he's owed. He claims that it is more, especially, because of today’s inflation rate in 2013. Is this correct? Would he be entitled to more money, since our house price has gone up in value? Or, is he only entitled to the exact amount of £6,000, back in 1984?

Thanks.

Ronnie.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Claire and I shall do my best to help you but I need some further information first.
Have you seen a copy of the order or the Charge - if so does it refer to 15% or to £6,000?
Claire
Customer: replied 3 years ago.

 



Hi Claire.


 


Thanks for getting back to me. I have seen the copy of the Order. It refers to the charge, as 15% of its net equity.


 


Thanks.


 


Ronnie.

Expert:  Clare replied 3 years ago.
Hi Ronnie
Then I am afraid that he is indeed entitled to 15% of the current net equity - this is to compensate him for the fact that he has had no use of his funds over the last 30 years.
He is of course only entitled to the money if one of the trigger conditions has passed
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

Thanks for that Claire.


 


There is another issue. My father was in a long term relationship of 28 years with his partner. They were not married. He died last week, after a short illness. His partner had produced a (Reciprocal) Will on the instruction of how he is to be buried. It seems that he had also agreed for her & her son to be Executors of this Will. This included powers of his real & personal estate.


 


Although, he didn't owned the apartment with his partner, but may of had a small share, in equity. Is she his entitled to his 15% of my mothers family home?


 


The reason, why I ask this, is that there are some very suspicious circumstances, surrounding my fathers death. For example, their relationship of 28 years together & a Will, of which was produced, last October 26 2012, seems very strange to draw up. My father had been ill & had been taking oral Steroid tablets for a skin condition.


 


Unbeknown to him, he had a parasitic larvae of roundworms inside him, of which, in most cases, can lay dormant for years & cause no bother. But, in his case, the taking of the steroid tablets had activated the parasites to become active & caused his health to go downhill very quickly.


 


The hospital which treated him had said that this case, was so rare, in the Western world. The side effects of the tablets, for steroids, had caused him to have severe mood swings & have aggressive outbursts, towards my mother & myself..


 


I do not think that he was in the right frame of mind, before he died & evidently, this has produced, a catalogue of issues, of which tells me that he was not right in mind, over signing the Will.


 


Can this be contested, if she decides to fight for the 15% equity share in my mothers house, of which my father, would of been entitled to?


 


Thanks.


 


Ronnie.

Expert:  Clare replied 3 years ago.
Hi
When was the Will signed?
Why is it unlikely that he would have left his estate to his long term partner?
Claire
Customer: replied 3 years ago.

Hi Claire80. Sorry about the delay. The Will was signed, only last year. It was signed on October 26th 2012. Less than a year. It is very odd that a couple who are not married, but been together for 28 years, suddenly sign a will, less than a year, if one of the partners was very ill.


 


My father didn't owned the current property, which he shared with his long term partner. She did.


 


She organised the set up for the Will. Because I'm very close to my father, I do know, that what ever assets that he owned, he would always put his siblings first. I know, that, as stubborn, as he was. I really believe that he signed the Will, without really knowing what he was doing & under poor ill health conditions.


 


I really get the impression that his illness started, maybe from late last year. It was a very rare disease, of which he had contracted. Only a handful of cases discovered in the UK. He was taking oral steroids for some auto immune disease. The steroids, actually triggered off his serious illness. It also made his mood swings turn very aggressive & irritable to towards us.


 


Before he was admitted to hospital, my mother & I discussed tried to negotiate with my father, on his 15% equity in the family home. His behaviour was very strange & at times very aggresive. Which is not like my father at all.


 


Then, in a short space of a month, he's fighting for his life & has died.


 


Also & most crucially, while admitted to hospital. The consultants discussed with myself & his partner on the serious state of his health. They mentioned a series of things, which didn't help my fathers health & in some way, has given me the impression, that his partner had neglected his health, prior to him being in hospital.


 


Thanks.


 


Ronnie.

Expert:  Clare replied 3 years ago.
Hi
In fact it is when Wills are usually made - when people are ill and find out what the position is.
If you wish to Contest the Will then you will need to place a Caveat on the Will as soon as possible
http://www.justice.gov.uk/courts/probate/caveats
Claire
Customer: replied 3 years ago.

Hi Claire. Thanks for that.


 


Would my father's partner be entitled to inherit his 15% equity, in our family home, since he's past away & has made her Executive benefactor of his real & personal estate? This was the charge made against our home, at the time, when my parents divorced, back in 1984, but came with clear stipulations that, he would be entitled under certain conditions.

Expert:  Clare replied 3 years ago.
Hi
Yes I am afraid so
Claire

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