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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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My father in law passed away a couple of years ago and left

Customer Question

My father in law passed away a couple of years ago and left his bank and his daughter as executors and trustees of his finances and property. The finances that my father in law left to me and my children where dealt with by the bank. The property was meant to be left as 60% to my sister in law and 40% to me and the children. My sister in law has had the deed's put purely in her name and there is no restriction showing that when she chooses to sell the property we should get our 40%. The bank has admitted that they should have put this in place and have tried to get her to do this, but she is refusing. The bank now wants nothing more to do with it. My sister in law has sought her own legal advice and the advice given to her is that we don't need to be on the deed's. Is it feasible for me to ask an ombudsman to intervene as I feel the bank failed in their duty to carry out my father in laws will, which he paid them to do.
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
What is the wording of the Will with regard to this?
Clare
Customer: replied 4 years ago.

Hello,


It states that if the property is sold it should be divided as 40% of the property is to go to my sister in law. 20% to myself and 20% to be divided equally between my three children. My sister in law can reside in the property as long as she likes and up to her death. It is a trust will, so none of us can leave any of our share to anybody else, the % of the person who has died then gets divided between those left. If she chooses to reside in the property she is responsible for the upkeep inside and out and is stated in the will. She has spent all her money £45, 000 on renovating the property and she wanted me to sign something to take that off the amount received for the house should she sell it. In fact she wanted me to sign and agree to what the property was worth in 2010 even if she doesn't sell it for ten years. I haven't signed anything as it is a trust will. My worry is if she sells the house, a conveyor would never know there is a restriction on it. My sister in law says we are nothing more than beneficiary's and do not need to be on the deed's.


Janet

Expert:  Clare replied 4 years ago.
Hi
What is the exact wording of the clause regarding the house?
Does the Land Registry record that she holds the property as executor?
Clare