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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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My mother-in-law died last year and left her half share of

Customer Question

My mother-in-law died last year and left her half share of a bungalow to her 5 children. In my father-in-law's will he has given my wife and I his half share of the bungalow on the provision that we pay the other 4 their share of the bungalow. Four have signed an agreement to this effect but one has refused to sign. She has always been awkward and now feels that she is in control of everyone. She lives on benefits, which of course will be reduced once she gets her part of the inheritance. Is there any answer to this?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

-Could you explain your situation a little more?
Expert:  Clare replied 4 years ago.
Thank you for your question
Has Probate of the estate been obtained and who lives in the property at the moment?
Customer: replied 4 years ago.

My father-in-law is 93 and living at an Abbeyfield assisted home, so probate has not come into the problem yet. The family was in agreement that my wife and I live at the bungalow and have for the past year and for the year previous to this we renovated the bungalow and have been paying the associated bills.

I made an error in my previous and it should have read that 3 of the 4 siblings have signed and agreed to the agreement, it is just one making the problem.

Customer: replied 4 years ago.

My father-in-law is 93, living in an Abbeyfield assisted home, my wife and
I are living in the bungalow.

Expert:  James Mather replied 4 years ago.

You are going to have to
apply for probate in respect of both the mother-in-law share and father-in-law
share. I assume the property was held as tenants in common.


So your wife is one of the
five children, leaving four to agree and one of those four does not agree.


Can you please let me have
the exact wording of your father-in-law's will in relation to the bequest of
the house share please?

Presumably, you wind your wife want house, the other three want their money and the other wants to keep it as some kind of savings policy. Is that it?