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Am I due to inherit anything

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judithcat | 17:00 Sat 10th Jan 2009 | Civil
22 Answers
Please help.
My mother and father owned a large property. I have heard rumours that they were tenants in common and that me and my brother and sister were beneficiaries. My mother died in 1986. My father remarried to someone 25 years younger than him and had two more children. My father has recently died, and as far as I know has left everything to his second wife and his two younger children.
I have two questions (a) would we know if we were beneficiiaries of my mother and she had left her half of the house to us, after my father died. Is there a charge of something on the house?
(b) If there is nothing due to us, are we likely to be successful if we contest the will?
Thanks
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You should have known about any inheritance from your mother shortly after her death. Have you ever seen her will?

If your father's will is valid you will have no grounds to contest it unless you were financially dependent on him at the time of his death, and need continuing financial support.
Question Author
Do you know how I can obtain a copy of my mother's will?
If you want to contest your mother's will, you will probably be too late - the time limit is 6 months from the grant of representation, although the court can allow claims beyond this time.
It has been known that wills that have been made out but not lodged securely have mysteriously vanished to stop the true inheritor benefitting. Unless there is any proof what leg can you stand on.
Question Author
Thank you to all for your help.
I tried, about a year ago, to obtain a copy of my mother's will at the probate office, but was told there was no copy held there. I know there was a will, but was told that if there is no need for an administrator and it was straight forward that it would just be held locally.
Am I able to see a copy of my father's will, how died in Dec?
I've just thought - if the house is registered with the Land Registry you can download the Registered Title for �3.

This will show who has owned the house, how and when.

If it states under your parents'; manes something like:

No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the Registrar or the Court

they owned as Tenants in Common. If it simply states the names and address, they owned it as joint tenants.

It is a starting point for you, as you know that if it was owned as joint tenants, your mother could not have left you a share.
Yes, ask the executors.
Question Author
Thanks Ethel that is so helpful.
I don't mean to sound like I'm moneygrabbing but my mother and father had nothing when we were growing up and nor did we. They built their way up and my mum died young,at 48. My father married very quickly to a younger woman and to put it mildly, she is not the nicest of people and was not very 'welcoming' to the three of us. Her two children have had everything money can buy and now she appears to have got everything. That sounds very bitter, doesn't it!
:) Sounds like normal human behaviour to me.

Put the address in the box, and order a Title Register.

http://www.landregistry.gov.uk/

Costs �3
Not an unusual case. Our next door neighbour of 78 whos wife died had a quickie marriage to a woman in her 30's. Shortly after he died leaving the house to his new wife.....his children were devasted. Must be a moral here....treat your parents with respect and take care of their needs when required. Its surprising how many older men lack for companionship and are easily led into marriage to satisfy it.
Question Author
Hi Ethel
Have just down that and found that the house is registered to my dad and the new wife.
That's it then!
Thanks for your help.
Does it tell you about the Title when your parents owned it?
Question Author
Hit Ethel
on looking further, I have found this - do you know what this means? Thanks
Proprietorship Register
This register specifies the class of title and
identifies the owner. It contains any entries that
affect the right of disposal.
Title absolute
1 (12.04.2002) PROPRIETOR: FATHERS NAMEand SECOND WIFE NAME
of ADDRESS
2 (12.04.2002) RESTRICTION: No disposition by a sole proprietor of
the land (not being a trust corporation) under which capital money
arises is to be registered except under an order of the registrar
or of the Court.
3 (12.04.2002) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges
Register and of indemnity in respect thereof.
Yes, that is as I said earlier a property held as Tenants in Common.

This means that your mother and father could leave their share of the house (usually but not always half each) to whomsoever they like.

So your mother could have left her share to her children but without seeing the will it is impossible to know - she could have left it to your father.

If the second wife is now on the title then there must have been some evidence to have your mother's name taken off (provided that she was on the title to begin with).

It would suggest that your mother maybe left her share to your father.

I'd say it's still worth trying to get copies of the wills and making sure everything was followed through properly.
Question Author
Thanks to everyone for all your help and info.

We did try to get a copy of our mother's will from the probate office recently (she died in 1986) and was told that there was no copy held there, probably as it was sorted out quickly with no administrator etc., and that a copy might be held locally, but we don't know where to start looking.
As Jenna says, there must have been sufficient evidence that your father did indeed inherit your mother's half for the Title to have been altered.

You should still have sight of your father's will, though - you are entitled to ask to see it
Question Author
So, do you think that my mother and father had a tenant in common agareement on their house, and when she died she left her half of the house to my father?
My father then owned the whole house and left everything to his new wife. Although the house looks like it has a tenant in common agreement on it, it may be that my father and his second wife also have a tenant in common agreement, for whateve reason. Maybe to avoid inheritance tax?
I can't possibly know, but it seems likely that your mother left her half of the house to your father.

At some stage your father put his 2nd wife's name on the Title so they jointly own it.

If there is not the wording under their names that is under the names of your father and mother, they own it as joint tenants. This means when your father died, his 2nd wife automatically owns the lot. He could not have left any of the house in his will.

If there is the same restrictions, he may have left his half of the house to somebody other than his 2nd wife.

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