Inhertience Query

[breadstick]

Hi

This is complicated so apologies if you fall asleep :)
My auntie passed away last year and most of her estate passed to me by way of her will
When she was alive she lived with her brother and her father left her a cottage seperate from his other property which was divided up amongst his family
The complication arises in that the cottage left to my aunt was only hers in her lifetime, if she died before her 2 brothers the cottage would revert to them, but she survived her 2 brothers so when she died there was no provision as to where the cottage went

My question is who inherits the cottage does it die with her in effect or is it divided up amongst her relatives she had no children, or does it form part of her whole estate

[Buenchico]

The first step here must be to go back to the will that created the life interest trust for your aunt, in order to read the exact wording of the trust. There might well be something there that explains what must happen to the property when the trust lapses. I can't see how even the best qualified and most experienced lawyer in the land could move forward without doing that.

If you've not got a copy of the will, it's easy to obtain one for a nominal fee:
https://www.gov.uk/search-will-probate

[bobbinwales]

Buenchic0.... thanks for your link on this, it inspired me to look something up thats been puzzling me. I was allways promised by an aunt that she'd put something for me in her will as I was the one who looked after her doing jobs &errand's for her while her step daughter lived overseas. But Aunt was then moved into a care home 200 miles away when her stepdaughter came back . I use to call my aunt in the home and visited once then got a call from her step daughter saying she'd died but there was no funeral due to covid.

Anyway to get to the point I just used your link to find the will and probate and this confirmed I was left a fair sum but my address in the will was my old address (Will was wrote in 2018 before I moved in 2019) so thats probly why I heard nothing. What should/can I do if anything. The step daughter is no longer living at the adress in the probate (she gone back abroad I guess) either so am not sure how to contact her.
Any tips Buenchico please? Should the executor of rung me to ask why my cheque wasnt banked ? What is they never even sent it? Do I just have to write it off

[Buenchico]

Bob:
It's not clear from your post as to who the executor of the will is/was. Was it the step daughter (whom you can't now immediately make contact with) or someone else (such as a solicitor)? If it was the latter, then your first step must clearly to be to contact the executor, as it was their duty to ensure that the estate was distributed in accordance with the terms of the will.

[Canary42]

The executor of a will has a duty to administer a deceased person's Estate in line with the law and the terms of the will. If they don't follow the will and a beneficiary feels that they have not received their full entitlement, they are entitled to challenge this. The executor may be held personally liable for any breaches during probate, even if these were genuine mistakes.

[bobbinwales]

Thanks buenchico and canary42. Yes the only executor was the step daughter and I can't immediately trace her. Maybe for £1000 it's not worth pursuing.
Anyway sorry to divert breadsticks thread... I should of done a new thread

[Peter Pedant]

Bobo - I just cant believe that relatives do this to each other
Yes you have a claim against the executor ( daughter ) for the loo-loo you were left. I am shocked

A fren' was left a car by another ( ded fren' ) and when I applied for it ( quig, 6 weeks) the solicitor no less said "oh it has been given away...." And took the view that was the end of it. Thx to Chris I too got the will - takes a bit of getting. You have to apply to the office where the will is to be proven

[Buenchico]

Bob:
If I was in your position, I'd be asking around other relatives to see if they've got some contact details for the executor and also checking Facebook to see if she can be found from there.

[Barmaid]

//You have to apply to the office where the will is to be proven//

No you don't, PP. Through the link that Buen gave earlier, you can get one from the probate registry. It has all been centralised now. It should cost £1.50.

[jennyjoan]

well a thing like yours Breadstick happened to friends of mine about 3 years ago. I'll do the best to explain.

An auntie and uncle died - they had no children. Uncle died first so wife was still living but had dementia.

Wife was in care home and her fees were being paid via her savings - just as she died savings were used up but there was still a big house to be sold.

The house was sold £160,000 (just to keep me right) - £80,000 went to last surviving brother and the other £80,000 went to the last deceased sister's children (they became beneficiaries) 3 children then received roughly over £26,000.

Forgot to say Auntie and Uncle never left a will so that last brother searched high and low in the house - then between him and another - they contacted every single solicitor in Belfast and there was no sign of a will. Hopefully you got something out of that information.

[bobbinwales]

Cheers buenchico but as she was in her 90s I was the only remaining family appart from her stepdaughter and stepdaughters children. My guess is she as the executor sent the cheque but the nèw householders just binned it and step daughter either didn't notice it were'nt cashed or just thought I mustn't want it or I must of died myself.