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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My late father in law had a mortgage with his partner. She

Customer Question

My late father in law had a mortgage with his partner. She put £100,000 in to the property. He has died and she gets the house but is also pursuing the rest of his estate for the loan back, even though she now has the house so gets that money back by default? Surely that can not be possible?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Who actually owned the property, how much was it worth and how much is outstanding on the mortgage?

What is the rest of the estate worth and what has his partner actually done?

Customer: replied 1 year ago.
They both did, joint tenants. Worth £350,000 I don't know exactly but I expect £150,000 max.Estate worth 1.3 million. Liabilities of 600k but then when iht400 filled in we've noticed she claiming 100k liability of repaying the 'loan' which was her part of the deposit. So liabilities up to £700k.At the same time the money went into the house the will was changed and she was written into it. The will made no reference to the house they owned just his other properties. She knows the solicitor personally who is the executor of the will and filling out iht400. This has never been raised in 4 months until Thursday when we saw iht400.I just can't see when she put that into the house and she is getting the house that she can essentially get that money twice?? surely the debt is with the house and as she gets it being a joint Tenant that is the debt squared off?
Expert:  Clare replied 1 year ago.

Just for clarity - the only reason that you think that she is claiming is because it is mentioned on the IHT400?

Customer: replied 1 year ago.
Sorry, just to add...The executor is claiming he is checking with hmrc on the liability claim of the loan. My wife and her sisters didn't even realise this until I looked over the notes from their meeting. I am very suspicious everything else has been discussed bar this until last minute and he is saying the iht400
Customer: replied 1 year ago.
Is being sent this week!!! We have not been shown any documents about what agreement was made about the purchase of the house, but she has said to use previously she put money into the house and they were joint tenants! No mention of a loan, but if it was a loan she wouldn't be on the mortgage!!!
Expert:  Clare replied 1 year ago.

Did your father also put cash down on the property?

Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

Do you know how much?

Customer: replied 1 year ago.
No I've told the girls to find all the info. transpires she was added to the mortgage in return for putting the money in too and the will was also changed when she did this... Seems to be getting more fishy as I dig!!!
Expert:  Clare replied 1 year ago.

Actually that seems about right - but we do need to know the various figures involved!

Customer: replied 1 year ago.
Ok once I have this I will provide you details of both values and any agreements made. It really concerns me these have not been made available to girls. In principle, if the will was changed so he could receive money could this be grounds for undue influence? He was an alcoholic and that is what killed him... The will was changed to write out my wife's mother who was still married at the time of death. I appreciate these are big questions I'm asking...
Expert:  Clare replied 1 year ago.

I think this is merely a matter of incorrect form filling rather than anything more sinister - but i need to get an idea of the figures first