Author Topic: Any legal Eagles here?  (Read 376 times)

Offline zetlander

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Any legal Eagles here?
« on: Wednesday 13 September 17 13:15 BST (UK) »
1 Someone makes a Will in say 1980 then another in 1990.
He dies, --  1990 Will produced and everything sorted out.  What happens to the 1980 Will - are they stored somewhere?
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2 John and Mary are married and own a house jointly. They have a very acrimonious fall out.  John makes a Will leaving his share of the house to Mary but stipulates that his share can not be sold in her lifetime - she can live in it but his share passes to their son on her death. Mary not happy about this - tells no one.
John dies - Will read out - what should a solicitor be doing here to see John's wishes re the house are followed.
Who, if anyone, would be keeping an eye on her to ensure she didn't just sell the house 'quietly' at a later date?
The House is not registered at the Land Registry so no notes on the House Deeds.   Thanks.

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Offline mazi

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Re: Any legal Eagles here?
« Reply #1 on: Wednesday 13 September 17 13:31 BST (UK) »
1:  it is usual advice to destroy any previous will.

2: the deeds will show both owners so she cannot sell the house without absolute proof that she now owns johns  half.  She cannot provide this proof so no potential buyers solicitor would go ahead with the purchase.

Not legal advice ;D ;D

Mike

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Offline mazi

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Re: Any legal Eagles here?
« Reply #2 on: Wednesday 13 September 17 13:35 BST (UK) »
The executor of the will should also add her life interest in johns share of the property to the deeds.

Offline mazi

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Re: Any legal Eagles here?
« Reply #3 on: Wednesday 13 September 17 13:42 BST (UK) »
Hit also depends on whether they owned the property as joint tenants, or tenants in common.

If as you say, they owned the property as joint tenants then on the death of either the entire property passes to the the survivor regardless of any will.

Only if they owned the property as tenants in common can a share in the property be disposed of by will

Offline cemetery friends

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Re: Any legal Eagles here?
« Reply #4 on: Wednesday 13 September 17 14:32 BST (UK) »
If the house was not registered before 1990 it can remain unregistered but any new owner eg Mary would now need to register when transferred to her name.
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Offline Jomot

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Re: Any legal Eagles here?
« Reply #5 on: Wednesday 13 September 17 14:51 BST (UK) »
My parents owned their house jointly as tenants in common and when mum died her will left her share to me & my sister on condition that it wasn't sold in dad's lifetime or, if it was, that any new home had to be held in the same proportions.   The house wasn't registered with the Land Registry. 

We sold up and dad moved into a bungalow, but in order to sell the house we had to produce a sealed copy of probate and all of us had to sign the contract of sale.
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Offline groom

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Re: Any legal Eagles here?
« Reply #6 on: Wednesday 13 September 17 15:40 BST (UK) »
Quote
1 Someone makes a Will in say 1980 then another in 1990.
He dies, --  1990 Will produced and everything sorted out.  What happens to the 1980 Will - are they stored somewhere?

Most people will destroy earlier wills, but  it doesn't make any difference whether it is stored anywhere or not, as soon as a new will is made it invalidates any previous will.

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