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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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My granddaughter's other grandmother left a will stating her

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My granddaughter's other grandmother left a will stating her 6 grandchildren were to inherit her house proceeds between them after her elderly mother died as she still lived in the house. There are two daughters from the deceased grandmother and one of them has moved into the house and got a mortgage for half the value which she gave to the other sister. Four of the grandchildren are over 18 years old and they have received nothing. My granddaughter is 15 years old and the other child is13 years old. My son and I have not got the money to fight this case and I wonder where this leaves us.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

When did all this happen?

The two daughters who are involved with the house: are they the mothers of the grandchildren?

One of those daughters has raised the mortgage on the house and given the money to the other daughter (her sister) presumably to buy out her share? Is that it?

Who applied for probate to allow them to deal with the house and if so, what happened to the will? The executors of the will?

It would be useful if I knew exactly who was related to who and who has what.

Perhaps it’s worded differently: six grandchildren inherited a property from their grandmother.

The children’s two mothers have dealt with the property between them and it’s now registered to be one of their names and one of them is living in the property and has paid off the other.

Is that the scenario?

Have any of the children approached their mothers?

The background detail would be helpful please. Thank you.

Customer: replied 1 year ago.
The will was drawn up on the 10th Oct 2002 by Mrs Pauline Kinnear and she died a few days later. she has two daughters ; Jacqueline & Phillippa, They have 3 children each. Mrs Kinnear had an elderly mother & brother living in her house and the will clearly states the brother & the mother could stay in the house till they no longer requires it. In 2004 the sisters had their names put on the deeds, by whom I do not know but I did go into the internet and got a copy of the land registry to confirm this, I have also the land registry after the Phillippa got a mortgage to say she was the sole owner. The two mothers are the grandchildren's mothers. The third question is correct. I have a copy of the will & probate which I will enclose if I can, I do not know who dealt with the will for the to get the house. I will enclose a list of the parentage. question 7& 8 is correct.
I don't know if the children even know they were left this house, my granddaughter Morgan knows but is too young to decide what's best for her. My son was married to Jaqueline who already had two sons by a previous marriage and they divorced I think in 2009. my son has custody of Morgan and has never received a penny in maintenance or any help with any of her needs at all, I know her mother has had an extension done on her house, new kitchen, carpets, sofa's, loads of holidays..
The house had a mortgage done on the value of the house in 2004 and not the value in 2015. The mortgage company is
"Together financial services ltd" 0161(###) ###-####(Mr Howard Laddin) who we sent the will to and when my son rang they would not speak about the mortgage as he was not connected to the mortgage, they said they would only talk to a solicitor. I do not know what happened to the brother ..
regards *****
Expert:  F E Smith replied 1 year ago.

So, 2 years after Mrs K wrote the will leaving the property to the 6 grandchildren, for reasons unknown, the property was put into the name of the grandchildren’s mothers?

When the property was mortgaged by one of the sisters/grandchildren’s mother, as the property still in joint names of the 2 of them? Who is now named as the proprietor of the property? There is nothing attached to your reply.

Who apply for probate? Who were the executors of the will? When did Mrs K die?

Have the children spoken to their respective mothers about this?

The most important question here is surrounding the transfer to the 2 sisters, children’s mothers, in 2004 as to why that was done.

It may be that Mrs K left the property to the grandchildren in the will and then decided either to transfer the property to her two children (the grandchildren’s mothers) forgetting that she had left it to the grandchildren in her will but intended her children to have it or she may have transferred it to her two children (the grandchildren’s mothers) to be held on trust for her grandchildren until the grandchildren reached 18.

If she transferred the property to the two sisters/mothers intending them to have it and forgot that she had left it to the grandchildren in the will, then there is nothing that can be done about the provision in the will because at that stage, she no longer owned the house.

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
question 1: the property was put in Phillappa's sole name in March 2015.
2: Phillippa applied for probate on the 12th Nov 2002. the executors of the Will was Phillippa & Richard Crane who was the deceased brother but I am lead to believe he had no dealings with the will. Mrs K died three days after making out this will.
3. I have no dealings with any of the grandchildren stated in the will except for Morgan and she is only 15 years old and her mother has told her she will get her inheritance when she is 21 years old although the will states the age to be 18yrs. Her brothers are 22 & 20 years old and they have had nothing. as per my granddaughter
I have been told the oldest grandchild who has a baby really wants her money but her mothers apparently has told her she won't be getting any until she leaves her own will where she will inherit although the mother is engaged to be married.
4. I can't understand how they were able to transfer the property in their names without it being put into trust for the children.
5:. Mrs K was in hospital when she died of cancer. She had no time to change her will. Surely what is in this Will should stand.
6: She died three days after the will was signed ,

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