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Clare, Solicitor
Category: Law
Satisfied Customers: 34890
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If I can establish my father paid the monthly mortgage payments

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If I can establish my father paid the monthly mortgage payments on a property his second wife owned, am I as his son and beneficiary in his will entitled to a share of the sale proceeds?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Were they divorcing at the time of his death?
Customer: replied 3 years ago.

No they weren't. It was very sad. My dad was his wife's carer and she died five days after him so didn't survive thirty days from his death. In her will without seeing it, she left all her estate to her daughter but morally and I hope legally, I believe I am entitled to a share of the house sale proceeds because without him there would have been no house to sell (she would have been in care institutions). If I can establish that he was paying their mortgage and it was clear in his own will that I should benefit from his estate, then I believe that there would be an implied trust entitling him and his beneficiaries to a fair share of the sale proceeds

I am afraid that this is not an argument that you can make.
Such an implied trust would not extend to the beneficiaries of the estate , and in the absence of evidence from the parties the Court will simply assume that the paper evidence reflects the wishes of the parties.
I am sorry but you are entirely dependent on the good will of her daughter you have no legal claim on the property at all
Please ask if you need further details
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for clarifying.


You are most welcome