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House inheritance - possible complications?

including wills and probate
zico
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House inheritance - possible complications?

#494273

Postby zico » April 14th, 2022, 11:41 am

Under my father's will (made in 2007), I inherit all his assets. (This includes 50% of his house, as my mother's half of the house passed to me on her death in 2007).
In March 2020 at the start of lockdown, a lady friend of my father moved into his home. She notified people of her new address immediately. In April 2021 my father wrote a letter to the council confirming that she lived there. In September 2021, she sold her own house. In February 2022, she died suddenly of an aneurysm.

Would her family be able to make any kind of claim on my father's estate, on the basis that my father's circumstances have changed since he made his will? She co-habitated there for just under 2 years. (Note - her family told my father they'd decided she should move in with him, which he accepted, then dictated the letter he wrote to the council, and sold her house without consulting him, so I'm pretty sure that if there's any way they can stake a claim, they'll do it.)

My second question is whether there's anything I could do now to mitigate the risk of complications? My father is reluctant to transfer his half of the house to me, saying there is no need because his will guarantees I inherit everything.

Thanks for any thoughts, replies, suggestions.

scrumpyjack
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Re: House inheritance - possible complications?

#494307

Postby scrumpyjack » April 14th, 2022, 1:46 pm

zico wrote:Under my father's will (made in 2007), I inherit all his assets. (This includes 50% of his house, as my mother's half of the house passed to me on her death in 2007).
In March 2020 at the start of lockdown, a lady friend of my father moved into his home. She notified people of her new address immediately. In April 2021 my father wrote a letter to the council confirming that she lived there. In September 2021, she sold her own house. In February 2022, she died suddenly of an aneurysm.

Would her family be able to make any kind of claim on my father's estate, on the basis that my father's circumstances have changed since he made his will? She co-habitated there for just under 2 years. (Note - her family told my father they'd decided she should move in with him, which he accepted, then dictated the letter he wrote to the council, and sold her house without consulting him, so I'm pretty sure that if there's any way they can stake a claim, they'll do it.)

My second question is whether there's anything I could do now to mitigate the risk of complications? My father is reluctant to transfer his half of the house to me, saying there is no need because his will guarantees I inherit everything.

Thanks for any thoughts, replies, suggestions.


I can't see how her estate could have any claim on your father, unless she had lent him some of the proceeds of selling her house, or bought a share of his.

It would not make sense for your father to give you his share of the house as, unless he then paid you a market rent, it would still form part of his estate due to the reservation of benefit rules.

GoSeigen
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Re: House inheritance - possible complications?

#494379

Postby GoSeigen » April 14th, 2022, 6:22 pm

zico wrote:Under my father's will (made in 2007), I inherit all his assets. (This includes 50% of his house, as my mother's half of the house passed to me on her death in 2007).
In March 2020 at the start of lockdown, a lady friend of my father moved into his home. She notified people of her new address immediately. In April 2021 my father wrote a letter to the council confirming that she lived there. In September 2021, she sold her own house. In February 2022, she died suddenly of an aneurysm.

Would her family be able to make any kind of claim on my father's estate, on the basis that my father's circumstances have changed since he made his will? She co-habitated there for just under 2 years. (Note - her family told my father they'd decided she should move in with him, which he accepted, then dictated the letter he wrote to the council, and sold her house without consulting him, so I'm pretty sure that if there's any way they can stake a claim, they'll do it.)

My second question is whether there's anything I could do now to mitigate the risk of complications? My father is reluctant to transfer his half of the house to me, saying there is no need because his will guarantees I inherit everything.

Thanks for any thoughts, replies, suggestions.


Speaking from bitter personal experience, make sure he doesn't change the will! My father divorced from his wife a few years back. I had every expectation that I would inherit. Then about a year ago when my father was getting seriously ill I discovered he'd secretly made a new will with the involvement of his ex wife leaving everything to her. It was too late to do anything so my brother and I have lost everything, the ex wife doesn't even talk to us any more -- after 25 years acting like we were her own family. To say I was shocked is a huge understatement.

A couple of years back a neighbour had practically the same experience, only this was his father's current wife who he only been married to a short time. He and his siblings also got nothing.

What is it with the boomer generation?


GS

Clitheroekid
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Re: House inheritance - possible complications?

#495100

Postby Clitheroekid » April 19th, 2022, 12:24 am

I can’t see any basis at all for a claim unless the woman had lent money to your father, and as there seems to be no evidence of any such loan I don’t think you’ve anything to worry about.


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