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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33811
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good Afternoon,Could you please advise me of the following.

Resolved Question:

Good Afternoon,
Could you please advise me of the following. My late father died 11/11/14, on reading of his will, I have been appointed executor of his will, with his estate being divided equally among his four children. My late mother died 9/12/14 and the executor of her will was appointed to one of my sisters. Again everything being divided in four. Due to recession on acting on behalf of the advice from my parent's solicitor and two estate agents I decided to rent the property out. Corresponding at all times with the solicitor to what was correct. In February I brought a copy of all documents relating to the property to the solicitor, in which I pointed out to the solicitor a contract that I had from the bank which had the deeds, which had been made in 1986 which confirm my mother half owner on the house. This is just a contract signed by herself and my father and her name was not put on the actual deeds. I went ahead as planned with a rental agreement etc.. and placed a tenant in the house from 1st May. Only yesterday was I informed for the first time that the house now fell into my mothers estate as when my father passed away she was still alive, the house then belonged to her. However, in my fathers will it clearly stated my mother had her day in the house, and then left to the four children. However, the solicitor informed me that due to the contract signed in 1986 the house belonged to her and not the four children, leaving the house now in my mothers estate. Up to now I was working on behalf of my fathers estate to do what was correct with the house, and I had been told the house was part of my father's estate. Now, yesterday telling me it was in my mothers estate and my sister is really executor for the house as she is the executor of my mothers will. This I have no problem with, but on taking legal advice and told it was my right to put a tenant into the house etc, I now find it is not supposed to be worth the paper it is signed on. I rang my elder sister the executor of my mothers will and informed her of everything. However, my other sister wanted to sell the house (wanting money!!) and I am worried about the tenant etc although my sister which is the other executor has said, the tenant can stay for the year, should I get my sister the executor to sign a legal agreement to this to keep myself right, or as it is the case my mum's name was not on the actual deeds I am still the executor of the house, and have done nothing wrong??
Thank for to help me.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What was the wording of your father's Will regarding the property?
Clare
Customer: replied 1 year ago.

Good Morning Claire,

It stated that he left his house to his four children and his wife was to have her day in the house. And if anything then happened any of the four children their share was to be passed on the their children (his grand children). He requested that his son be executor to his will.

It simple will, about 10 sentences.

Thanks for your help.

Customer: replied 1 year ago.

Hi Claire,

You get my reply? Are you still on line?

Expert:  Clare replied 1 year ago.
Hi
I am afraid I will need the exact wording regarding the house
Clare
Customer: replied 1 year ago.

Hi Claire,

Will go now and look for the will and get back to you.

Regards,

Customer: replied 1 year ago.

Hello Claire, I have a copy of the will now, it reads as follows :

!, (his name and address), make this my last will hereby revoking any previous will made by me.

I appoint as my Executor, my son (my full name and address).

I leave everything that I may die possessed of after payment of my just debts, funeral and testamentary expenses to be divided equally among my four children subject to the right for my wife (her name) to reside in my dwelling house for the rest of her life.

In the event of any of my said children failing to survive me then his or her share shall pass to his or her children in equal shares.

Dated this 1st day of July, 2003

(Signed by him)

And signed by witnesses etc..

That is the will written in full.

Regards,

Stuart

Customer: replied 1 year ago.

Hi Claire,

Can you please confirm you received my reply okay. Re exact wording of the will.

Regards

Customer: replied 1 year ago.

Hello Claire,

We have now got the Indenture dated 28th July 1986, it is a deed document and states husband and wife name etc.. That pursuance of an agreement and in consideration of the natural love and affection which the said husband bears for his wife the said...... he the said husband as beneficial owner hereby assigns unto the said wife the lands and premises described in the first schedule hereto to hold unto and to the sue of the said wife and husband as joint tennents for the residue remaining unexpired of the said term of years subject to the yearly rent of £12.00 and to the convenants on the part of the lessee and conditions in the recited indenture of lease contained.

(There is 900 years left on this lease, as it was originally a church rectory).

And further withnesseth that in consideration of the natural love and affection with the said husband bears for his wife he the said husband as beneficial owner hereby conveys unto the said wife the lands and premises secondly described in the schedule hereto to hold unto and to the use of the said wife and husband as joint tenants in fee simple.

In witness whereof the parties hereto have hereunto subscribed their names and affixed their seals the day and year first herein written.

Signed, Sealed and Delivered by THE SAID HUSBAND AND SAID WIFE in the presence of :

The solicitor signs and his secretary signs.

However my father has signed the document as well, but my mother has not although the document states : "Signed, Sealed and Delivered and both their names written clearly where they have to sign.

I hope this helps you in some way.

Thanks to reply as soon as you can.

Regards,

Customer: replied 1 year ago.

Hello Claire,

Can you please advise me what is happening re my query.

Regards,

Customer: replied 1 year ago.

Good Evening,

Can I please be advised what is happening re my enquiry?

Regards,

Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay - (I hate technology)
To start with = please do not worry you have not done anything 'wrong" at all - you simply did what appeared best in the situation as you understood it.
However the solicitors are correct - the second document you quoted clearly puts the property into Joint names (your mother did not need to sign it for this to happen) and accordingly the property passed to your mother on the death of your father and falls to be dealt with as part of her estate
In the event that your mother's executor does not wish to continue with the Tenancy the tenants have no claim on you or your father's estate
I hope that this reassures you - if nor please feel free to ask for further details
C;are
Clare, Solicitor
Category: Law
Satisfied Customers: 33811
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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