A question about a will , its complex!

[320sammy]

I was wondering if someone could help me with an issue regarding a will?

My grandfather passed away 9 years ago, leaving in his will, his share and interest in his property to his children, but giving a life interest to his widow ( 2nd marriage).

The property was in his sole name when he died, yet there is a severance of a joint tenancy ( between grandfather and 2nd wife) that was drawn up several years before he died: the property was never held jointly, and remained in his sole name up to the point of his death.

The children, were my mother and her half brother ( adopted): unfortunately the brother died in the same year as my grandfather made his will , but the will then stipulated if either child died, then their children would then take the parents share...still with me?

 

However, when grandfather died, my cousins were not informed of their benefit from the will: and it appears that the executor ( the widow) decided that my uncle was no eligible as he was adopted, and decided to ignore that side of the family!

Instead, she with her solicitors , drew up an assent that then put the property into hers and my mothers names only: neither cousin was informed of this. The solicitors have now admitted that this assent was wrong.

 

I do have a solicitor working on this case for me, but I have a couple of questions that I can't seem to get a satisfactory answer to

 

1) when should my cousins have been informed of their benefit: we have been told they weren't told because of the life interest of the widow. no documentation refers to my uncle at all, and yet my was mother was informed, yet she would not benefit until the widow had passed away also.

 

2) the widow is about to take us to court to get her right of ownership...but from the evidence it appears that she was never on any mortgage , or ever on the title deeds, all she has is the severance notice. Is this notice actually valid at all?

 

3) do we have any course of action we could take against her , failing in her duties as the executor, I believe this is legally termed as devastavit

 

Any help or advise would be eagerly taken:smile:

 

sorry if i've put this on the wrong forum, but this is my first post on here

 

Also, one last thing, not sure if it is relevant or not: the property was actually build by my great grandfather and grandfather: we have the original conveyance of the land to my grandfather

Edited April 9, 2012 by 320sammy

[honeybee13]

Hello and welcome to CAG. You're on just the right forum for advice on this, although not everybody knows about wills and probate so you may need to bear with us.Have you seen this will at all? I just wondered if the children were named in it. All I can add is that on the BBC series about unclaimed estates, if someone dies without a will then adopted children don't inherit, from memory.I hope the guys will be along later.My best, HB

[320sammy]

yes have a copy of the will: states "my children" doesn't name them individually. My uncle was legally adopted and we have the record to prove it: I thought that by law he then becomes "blood".

we did question the fact that step-grandmother 9directly to her) seemed to have disregarded my Uncle, and she replied that it was because he wasn't my grandfathers blood, then he didn't wish for the Uncle to inherit: but surely the will would have named my mother only if this was the case

 

The solicitors did say they knew about my uncle/cousins, but as no approach was made to them it wasn't followed up: however a recent document from them states that my grandfather only had one child, and only names my mother! I am wondering if they did actually know about my uncle, or the executor decided to "forget" to tell them...she didn't like my uncle!