Ask a Law Question, Get an Answer ASAP!
I am happy to wait - there's no rush.
We have considered this, because the truth is that this is what actually happened. Father first approached my sister in the summer of 2012 and asked her to put pressure on Mother to change her will, and my sister refused. At the time he was talking vaguely about putting the house in trust for all five children, "I have advised your mother as to what would be best," father said, "but I have no confidence in her actually getting round to it - she's always suffered from malaise." My sister ignored his request for interference and did not mention the matter to mother at all. He mentioned much later when mother was dying that "I have got her to change her will making me the sole executor". He also said that any interference would be considered as undue influence and that we would just have to "lump it" as she was poorly now. "There's not a damn thing you can do about it." he said. He stated that the primary objective of the new will was to keep the house out of the hands of any of his children and that he was fully aware that making it would cause trouble. We told him that mother had told us that we could choose between either of the two wills she had made (had father told her this was the case?) and he said, "Well, she was clearly deluded." After mother's death, he instructed our second-to-youngest brother to break into mother's safe with a hammer and chisel and deliver the will to him immediately, saying that if anyone destroyed or tampered with it it would be a criminal matter. What about the crime of breaking into the safe? There's lots more like this. He is used to flying very close to the wind...
Metia and Melandra
We don't know what is best to take action on; he is used to misbehaving himself and getting away with it by a thin margin. We are very unhappy about the safe breaking, because there is a possibility that she could have put a note/codicil in to the effect that she had the two wills and that her family could choose between the two. He was desperate to get the safe broken into.
It is further complicated by the fact that the younger brother who carried out the break-in is living in Mother's property at the moment, and although he expressed an intent to buy it as soon as he legally could, we believe that Father has told him something to the effect of "if you stay in there long enough, and I don't put the will in probate, you can get it for free."
There is also the fact that nobody can legally charge rent on the property as it was a former stable attached to the house, and when the parents divorced, another brother bought our Father out and Mother moved into the converted stable - which had not had formal Building Regs passed - therefore is not legally rentable.
Complicated, isn't it?
It is not very much.
Her half of the marital home is a two bedroom semi detached stone long barn, set in half an acre of ground, and valued professionally at £190k. It is on the Land Registry as hers. No mortgage, no debts.
Brother living there has put up two barns (with late Mother's permission) on the land at the back which he is working in.
Before the divorce it was one detatched farmhouse with stable - all one building. When they divorced, it was valued and a brother gave father half the value and bought half the property (the house half). mother was left with the other half (the stable half). land registry deeds were drawn to register the two different owners. the solicitor at the time of divorce/sale strongly recommended that Building Regs were also applied for, but it seems that they never were. Mother's part of the property is the estate valued at £190k. the building regs thing is only of interest because in the Trust will it stated that the property was to be let to a descendnt, but as it stands legally it couldn't be rented to anyone.
With Building Regs, without it would be slightly less.
Opinions have been sought and it looks as though Building regs would not be a problem to get, as it was converted to living standards a good while ago.
(But someone would need some kind of title of ownership to get them, and at the moment, until a will is submitted, I understand there isn't even an official executor.)
There is also the problem that my Mother's sister and brother in law spent £40k on getting her property to a good living standard, as a gift on the proviso that she left her property unconditionally to her 5 children; they are extremely unhappy about the will my father drafted, as it goes against their agreement and their gift. They also cannot understand why she allowed him to write this doc for her, and it further points to his control over her. Their agreement and gift was not in writing! They were wonderful and generous to her.
It is worth saying that they had not been speaking to my father for the last twenty years, because of his behaviour on other occasions.
At the moment, yes.