My friend lost his grandad a couple of years ago. The grandads will left instructions for half of his estate to go to his only child, my friends mum with the other half to be shared equally between my friend and his sister. Both of them are in their 20,s/30’s.
They have spent the last couple of years doing up grandads house and now it’s finished my friends mum wants to leave her partner and move into grandads old house.
The mum does not have any money to buy her son and daughter out and seems to think it’s ok not to give them what they are owed. The sister isn’t too concerned yet as she still lives at home but my friend (who lives with his girlfriend) wants to move on, buy a house, marriage, kids etc.
My friend is extremely stressed and cannot make his mum understand his situation. She does not listen well !
He obviously doesn’t not want to fall out with her or get legal, The mum is in her 60’s so no likelihood of raising a mortgage to buy him out.
Even so, the mother must abide by the laws of the land. She cannot interpret the Will to benefit herself, there are penalties if she acts to her own advantage.
Your friend needs a solicitor.
NOW.
He needs to consult a solicitor. His mother as executor has a legal obligation to distribute the will in accordance with its instructions. It suits her not to listen to her son.
In the first instance the solicitor will send a letter outlining the executors responsibilities and penalties for not carrying it out. Yes, she'll be upset/annoyed/furious - but your friend has right on his side and shouldn't let his mother get away with denying the grandfathers instructions.
Your friends Grandfather appears to have made his will a bit muddy. If what you say is correct that half of his estate goes to his mother and 25% to each AC then the only way that can happen is to sell the house.
His mother is unable to pay the 25% to each grandchild. If no action was stated that the mother can stay in the house then it needs to be sold.
As others have said You need good legal advice. I wish people were clearer about what they want to happen to their assets once they die.
I suspect that the will is clear, assuming it was drawn up by a solicitor. It is the family members themselves who usually muddy the waters by refusing to accept the terms of the will, or think they can do it better, but without doing it legally or who generally do not understand probate law.
In many cases the reasons are long festering family problems.
DH was executor to an uncle, whose daughter from his first marriage did not get on with the second wife and rarely saw her father. DH's uncle left a very clear will stating what objects in the house he shared with his wife (she owned it) were to be inherited by the daughter.
We meticulously followed the list and gave her everything on the list, but she kept claiming that anything in the house that belonged to her father should come to her - and we did hand over extra items, but all she was entitled to was what was on the list. This did not stop her telling us, and everyone else who knew the family in DH's home town that we were liars and thieves and had cheated her out of her inheritance.
Of course your friends mum wants to move into grandad's house. And I would like to move into Windsor Castle. But the truth is, I don't have enough money. Neither does she.
Grandad spelled it out very clear that he only wanted her to have half of the house - not the whole house - and her son and daughter, each get one quarter. Simple math. Simple will. Sell it. She can't just squat on it because it looks so pretty now it's primed to sell.
Your friend should be offended that his mum is forcing him to start legal proceedings. Of course that is uncomfortable for him. She is doing it. Shame on her for interfering with her father's last wishes and causing a permanent rift in the family.
Is the mother married? If so, would partner have any claim on her inheritance for the financial settlement if they divorce? Sounds like a can of worms.
Gin
Is the mother married? If so, would partner have any claim on her inheritance for the financial settlement if they divorce? Sounds like a can of worms.
That's got nothing to do with the son's (and daughter's) share of the will.
Go get legal advice from Citizens Advice. What a dreadful mother, I would go without myself to help my children. A letter from from a solicitor spelling it out is worth the money, the legal implications and the fact that if it goes to court no one will get anything as the costs will swallow the lot up. I don't belueve in estranging people but that woman is an exception.
A solicitor is definitely needed do it now, a solicitors letter to the executor initially, a solicitor will be needed to sell the house anyway.
This kind of disagreement is common, not everyone gets what they expect, a bereaved spouse is not going to be pleased having to leave the house and has to be provided for, ultimately a court may have to decide what is appropriate if agreement is not found, avoid that if at all possible.
Wills are often changed if everyone agrees
David49
A solicitor is definitely needed do it now, a solicitors letter to the executor initially, a solicitor will be needed to sell the house anyway.
This kind of disagreement is common, not everyone gets what they expect, a bereaved spouse is not going to be pleased having to leave the house and has to be provided for, ultimately a court may have to decide what is appropriate if agreement is not found, avoid that if at all possible.
Wills are often changed if everyone agrees
No spouse involved so it’s sell the house.
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