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Legal, pensions and money

A tricky family inheritance situation

(35 Posts)
ruthiek Tue 13-May-25 14:02:02

This happened to a friend of mine their mums partner - who was told he could have half assumed he could sell everything including the house and when he died the children could have what was left . It took a legal case to sort it out, whst was sad was my friends mum thought she had done everything right

ExDancer Tue 13-May-25 13:54:38

Who is/are the executor/s? They are legally bound to carry out the instructions in the will.

mabon1 Tue 13-May-25 13:47:37

Surely your friend is the owner of half the house as grandpa has left half his estate. Looks like she will have to buy them out if she wants to live in it.

welbeck Mon 12-May-25 16:02:37

Who owns the house.?
Into whose name was the title transferred.
What about the declaration for inheritance tax.
Weren't all the details sorted out when probate was granted.
It's hard to understand the situation.

M0nica Mon 12-May-25 15:54:21

The alternative is for you to rent your half of the house to your mother and sister, if you can trust them to pay the rent regulalry and not stop paying and use that income stream to fund your house purchase.

However, failing that, the only solution is, I am afraid 'to get legal'

There is no point in talking about things you should have done - you didn't so lets deal with the current situation. It is the executors legal duty to implement the terms of the will and if they do not then they are in breach of the law.

Smileless2012 Mon 12-May-25 15:48:16

There is no choice but 'to get legal' Betty. A will is a legal document and the wishes of the deceased must be carried out. This should have already been dealt with if your friend's GF died 2 years ago.

rosie1959 Mon 12-May-25 15:44:35

This should have been sorted out as soon as probate was completed. The house should be sold which could attract capital gains tax is the value has increased in value since then. It all depends on the terms of the will

Cabbie21 Mon 12-May-25 15:39:02

If wondering who the executor is? If it’s your friend’s mother, probably the only way to get the inheritance is to ‘ get legal’, starting with a solicitor’s letter.

Usedtobeblonde Mon 12-May-25 15:14:02

The executor of the will should be carrying out the wishes of the GF.
I feel this should have been done earlier than this.
The house should have been sold and the proceeds shared.
No legal knowledge but just common sense.

Betty65 Mon 12-May-25 15:06:19

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.