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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a legal charge on my mother's property who has recently

Resolved Question:

I have a legal charge on my mother's property who has recently died. This has caused family tension. I have been estranged from the will.
What do I need to do to ensure my money owed is paid?
Do I need to repossess the property? Can I sell it or does her solicitor need to do this? Do I need to send the legal charge to her solicitor?
What happens about clearing out the contents of the house?
Does her solicitor need my permission to sell the house?
Does interest continue on the charge until sold or stop on her death date?
How can I read the will if I am estranged from it? Can I contest it for any inheritance?
Thank you
Ali
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Do I need to get my personal house insurance for the property, in case it has none or is cancelled?
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the house worth and how much is your charge?
Customer: replied 1 year ago.
Hi ClareThe house is worth approximately £185k and my legal charge is currently valued for £98k
Expert:  Clare replied 1 year ago.
What are the terms on which repayment must be made?
Customer: replied 1 year ago.
The charge is running at 2.5% compounded interest and is actively payable when she either dies or goes into nursing care. She died on 23/4/2016. So do I need to wait until her house is sold? Can you please give me answers to all my other questions, as I only have a 7 day free trial and can't afford anymore than the £37 paid, which a friend kindly lent to me. Thank you
Expert:  Clare replied 1 year ago.
If you have a Charge registered on the Property then the Executors will deal with the money that is owed to you.You cannot repossess the property unless the Estate is not dealt with within a Reasonable length of time (over a year0It is for the Executors to deal with the Contents; the Insurance and the sale.You shouls send a copy of the Charge to the Solicitors - although in fact they will not be able to sell the property without discharging the sum due to youUnless you were financially dependent on your mother (unlikely I appreciate) then it is unlikely that you will be able to Challenge the Will Please ask if you need further details
Customer: replied 1 year ago.
Thank you Clare that gives me better clarity about my legal rights and the way to proceed. I notice that you didn't answer my question about how long the interest of the charge will continue?
Expert:  Clare replied 1 year ago.
My apologies for the oversight - it continues until the Charge is settled
Customer: replied 1 year ago.
Thank you for your constructive advice. I wondered do you have lots of other family problems like this to deal with or is my case an isolated issue? As I feel very isolated and kicked in the guts for my kindness. I have learned a very hard lesson through all this.....NEVER lend any money to family, it causes too much hassle and upset!
Expert:  Clare replied 1 year ago.
Sadly this is not as unusual as you would think - and you are right - you get no thanks and a great deal of grief by doing the right thing
Customer: replied 1 year ago.
Very true, it is reassuring to think that this happens to other people and not just me. Otherwise it becomes a very personal attack and insult to my kindness. I can understand why people just think about themselves and are not prepared to help others. It seems that kind people in society get all the hassle. Even my siblings have turned against me, but they don't seem to understand, that if it was not for my kindness in helping my parents to pay off their mortgage, there would not even be a house to sell and give them any inheritance!I remember you advising me that my permission will be needed to sell the house, so maybe I can use this to get the last laugh on people who have stabbed me in the back!
Expert:  Clare replied 1 year ago.
Now she has died I am afraid your permission is not needed to sell - and yes they do forget that without you there would be no house
Customer: replied 1 year ago.
Sorry I thought you meant that I need to be contacted regarding my legal charge before they can actually sell the property?
Expert:  Clare replied 1 year ago.
I am afraid not - they just have to pay you back form the proceeds
Customer: replied 1 year ago.
So when is the best time to send my legal charge to her solicitor? Or should I just wait until the house is sold and her solicitor contacts me, as during this time interest will still be accumulating?
Expert:  Clare replied 1 year ago.
You can send it whenever you wish - he interest will keep running no matter what
Customer: replied 1 year ago.
Ok that is fine. I know you advised me that I can't contest the will, but when will I legally beable to just read her will?
Customer: replied 1 year ago.
Can you answer my final question please, then I will rate your service and ensure your payment. Thank you
Expert:  Clare replied 1 year ago.
My apologies for the delay.The Will becomes a Public Document when it completes the Probate process - you can then get a copy herehttps://www.gov.uk/search-will-probateIf you believe that your mother may have been subject to undue influence in the making of the Will you can file a Caveat to prevent Probate being granted and negotiate with the Executors for a sight of the Will prior to probate
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you Clare for your constructive advice