Re: Challenging a newly written will

A White wrote:
Peter Crosland wrote:
A very tricky problem. Lets start at the beginning. When your father
died did he leave a will or not? How was his estate dealt with?

Yes, he left a will. The house was declared as property in common. The
estate was therefore passed on in its entirety to my mother. If my
mother had died first, the estate would have been passed in its
entirety to my father.

That
needs to be resolved before considering the current situation. One
other thing. What owners are shown on the Land Registry?

I believe that it is my mother and father. When I first starting
paying the mortgage (perhaps "providing money so that the mortgage
could be paid" would be more accurate as I never paid the mortgage in
my own name) there was never any mention of placing my name on the
land registry. As I stated, no legal agreement was ever entered
into, just a verbal agreement that the matter would be resolved when
new wills were made.

Noted. Unless you are willing to risk not only the acrimony from your
family, and potentially lots of costs, then you have little choice but to do
nothing. The executors should have arranged for your late father's name to
be removed from the Land Registry. It is sadly not a unique situation. Sorry
I can't offer any more positive advice. Of course you should seek proper
professional advice but don't spend too much on it. Many solicitors offer an
initial free interview so it might well cost you nothing.

Peter Crosland



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