Wills etc

[Jaw]

Hey guys and girls,

Asking in a few UK based forums as figure someone somewhere will have been in a similar situation (and being no longer in the UK it's proving hard to find reliable info).

This time last year, my grand mother passed away and there's been a lot of angst regarding her estate between her three sons ever since.

Unfortunately my dad will now pass away soon, expected to be in the next days to weeks and he wants to divide up his assets, which will also consist of whatever allocation he is entitled to of his mum's.

Although an uncle claims to have found a will, there has been no action from it since he blurted it out in an email amidst an argument between them. My dad is concerned (perhaps paranoid) that he is simply waiting for him to pass on before progressing things so that his share can be retained - or that it doesn't exist.

I don't really want to deal with it right now, it's not

 

[Steve84N]

Usually there's a clause in a will that says who it goes to if said named beneficiary has already died.

However, your dad has outlived your grandmother so if he's named he'll get his share. If it takes too long to sort out then his share will go to his estate and be divided up as per his will.

 

[Trav]

Sad times for you. Any will from your grandmothers estate would still stand. Presuming your father is included it would pass to his heirs. Estates are wound up legally so it can't disappear. Solicitors love fights. They will sit calmly throughout and keep charging. 12 months for an estate to be settled is getting on a little although 6 to 9 months is not unusual. Was an uncle residing with your grandmother?
I take it although you are not in the uk your family is. Other countries have different rules and tax laws. Although depending on residential status, UK law and tax would probably preside in any case.
Very sad that your father is being put under this pressure. But I think that if there was a will they would have already presented it by now to move the estate along. There is loads of information on the citizens advice website about wills and estates as it can be complex. But it has all the legal information.

 

[Jaw]

Usually there's a clause in a will that says who it goes to if said named beneficiary has already died.

However, your dad has outlived your grandmother so if he's named he'll get his share. If it takes too long to sort out then his share will go to his estate and be divided up as per his will.

Sad times for you. Any will from your grandmothers estate would still stand. Presuming your father is included it would pass to his heirs. Estates are wound up legally so it can't disappear. Solicitors love fights. They will sit calmly throughout and keep charging. 12 months for an estate to be settled is getting on a little although 6 to 9 months is not unusual. Was an uncle residing with your grandmother?
I take it although you are not in the uk your family is. Other countries have different rules and tax laws. Although depending on residential status, UK law and tax would probably preside in any case.

Very sad that your father is being put under this pressure. But I think that if there was a will they would have already presented it by now to move the estate along. There is loads of information on the citizens advice website about wills and estates as it can be complex. But it has all the legal information.

Thanks for the info. Want to avoid solicitors getting involved if possible, I deal with them daily as part of my job and they really are blood suckers - without intentionally being mean :lol:

Actually funnily enough it was my Dad who's lived there for around the last 3-4 years now due to being ill and my grandmother moving into carehomes etc.

Yes I'm a British Citizen - just not a resident, but the taxation side of it will be what it will be really.

Agreed, it frustrates me the most that he's had to have these conversations over the past couple of months when he's essentially been on his death bed. I've told him it's in hand (it isn't but I don't want him worrying) Re thinking it should have been presented by now - I would have thought so too, it makes no sense that it's been kept ''secret' if it really exists. :|

 

[Trav]

Usually there's a clause in a will that says who it goes to if said named beneficiary has already died.

However, your dad has outlived your grandmother so if he's named he'll get his share. If it takes too long to sort out then his share will go to his estate and be divided up as per his will.

Sad times for you. Any will from your grandmothers estate would still stand. Presuming your father is included it would pass to his heirs. Estates are wound up legally so it can't disappear. Solicitors love fights. They will sit calmly throughout and keep charging. 12 months for an estate to be settled is getting on a little although 6 to 9 months is not unusual. Was an uncle residing with your grandmother?
I take it although you are not in the uk your family is. Other countries have different rules and tax laws. Although depending on residential status, UK law and tax would probably preside in any case.

Very sad that your father is being put under this pressure. But I think that if there was a will they would have already presented it by now to move the estate along. There is loads of information on the citizens advice website about wills and estates as it can be complex. But it has all the legal information.

Thanks for the info. Want to avoid solicitors getting involved if possible, I deal with them daily as part of my job and they really are blood suckers - without intentionally being mean :lol:

Actually funnily enough it was my Dad who's lived there for around the last 3-4 years now due to being ill and my grandmother moving into carehomes etc.

Yes I'm a British Citizen - just not a resident, but the taxation side of it will be what it will be really.

Agreed, it frustrates me the most that he's had to have these conversations over the past couple of months when he's essentially been on his death bed. I've told him it's in hand (it isn't but I don't want him worrying) Re thinking it should have been presented by now - I would have thought so too, it makes no sense that it's been kept ''secret' if it really exists. :|

It makes more sense now that you say your father was in the house. If the house was owned by your grandmother and she was in care homes it is likely that her assets may have been frozen to cover costs.The local authorities can do this. This is a huge problem by the way, my solicitor told me they spend a lot of time trying to protect families from this potential cost more so than inheritance taxes.
Even if this is not the case your uncles (or the local authority) would not have been able to remove your father without a court order. A court would be unlikely to have made your father homeless in any case. Until it is clear your father is not returning to the property, he still has all his rights.
Your uncles may feel that your father was therefore benefitting more than them. They may have even been entitled to charge him rent for their share of the property. But in any case, if they are elderly, they may just feel they also want what is coming their way. Unfortunately for you I would imagine you will get an onslaught on your fathers passing. Although it is very difficult, you may be best to make some peace with them and just protect your father from it all. Everyone will get what is legally due in the end, the rest is just emotion.

 

[Jaw]

Usually there's a clause in a will that says who it goes to if said named beneficiary has already died.

However, your dad has outlived your grandmother so if he's named he'll get his share. If it takes too long to sort out then his share will go to his estate and be divided up as per his will.

Sad times for you. Any will from your grandmothers estate would still stand. Presuming your father is included it would pass to his heirs. Estates are wound up legally so it can't disappear. Solicitors love fights. They will sit calmly throughout and keep charging. 12 months for an estate to be settled is getting on a little although 6 to 9 months is not unusual. Was an uncle residing with your grandmother?
I take it although you are not in the uk your family is. Other countries have different rules and tax laws. Although depending on residential status, UK law and tax would probably preside in any case.

Very sad that your father is being put under this pressure. But I think that if there was a will they would have already presented it by now to move the estate along. There is loads of information on the citizens advice website about wills and estates as it can be complex. But it has all the legal information.

Thanks for the info. Want to avoid solicitors getting involved if possible, I deal with them daily as part of my job and they really are blood suckers - without intentionally being mean :lol:

Actually funnily enough it was my Dad who's lived there for around the last 3-4 years now due to being ill and my grandmother moving into carehomes etc.

Yes I'm a British Citizen - just not a resident, but the taxation side of it will be what it will be really.

Agreed, it frustrates me the most that he's had to have these conversations over the past couple of months when he's essentially been on his death bed. I've told him it's in hand (it isn't but I don't want him worrying) Re thinking it should have been presented by now - I would have thought so too, it makes no sense that it's been kept ''secret' if it really exists. :|

It makes more sense now that you say your father was in the house. If the house was owned by your grandmother and she was in care homes it is likely that her assets may have been frozen to cover costs.The local authorities can do this. This is a huge problem by the way, my solicitor told me they spend a lot of time trying to protect families from this potential cost more so than inheritance taxes.
Even if this is not the case your uncles (or the local authority) would not have been able to remove your father without a court order. A court would be unlikely to have made your father homeless in any case. Until it is clear your father is not returning to the property, he still has all his rights.
Your uncles may feel that your father was therefore benefitting more than them. They may have even been entitled to charge him rent for their share of the property. But in any case, if they are elderly, they may just feel they also want what is coming their way. Unfortunately for you I would imagine you will get an onslaught on your fathers passing. Although it is very difficult, you may be best to make some peace with them and just protect your father from it all. Everyone will get what is legally due in the end, the rest is just emotion.

Good advise thanks - They aren't pushing to have him evicted now that he has mere weeks left (no chance he'll be back though, I think he weighs under 55kg at this point and was too weak to sit up), I think they did feel he was benefiting etc which is where part of the angst has come from.

Not sure how the care was funded to be honest - pension perhaps? Assets weren't frozen - the bank accounts were only frozen when I notified them of the death about 6 weeks ago to help settle my dad's thoughts of any misappropriation. They're not particularly elderly, I'm 30 and my youngest uncle is around 49 (I think - funnily enough I never actually thought about it, should probably know that!) The eldest uncle is 65. I think hence why my dad is paranoid that the youngest uncle has some underhanded intentions..

I've managed to park the discussion for now, especially in front of him. Can see the next couple of months being a little heavy so I suppose I was just trying to get facts together before then really.

 

[Sidewaze Samm]

Not sure whether you're saying there may not be a will at all, or whether there may be a more recent will than one you know of.

Plenty of info online, such as -
https://www.gov.uk/wills-probate-inheritance
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/718876/pa2-eng.pdf
https://www.gov.uk/government/collections/probate-forms