Home joint ownership

Discussion in 'Just Talk' started by Ryluer, Oct 31, 2014.

  1. joinerjohn1

    joinerjohn1 Screwfix Select

    Must admit I didn't have Ry down as a money driven, unscrupulous b'stard... Shows just how wrong I was. I actually thought at the beginning of the thread, he was concerned about his father's welfare.. Turns out he's concerned about how much his dad's worth and who's going to get it when he pops his clogs. (wonder too, how much farmland is worth once planning permission is sought and given? because somehow I just can't picture Ry chasing sheep and cows all day long) ;););)
  2. Ryluer

    Ryluer Well-Known Member

    Load of rollocks.
  3. Ryluer

    Ryluer Well-Known Member

    My Dad is worth what his pension gives him and how much myself and the brothers give him. Been that way for 14 years now.
    The previous woman before cruella fleeced my Dad of his life savings plus a considerable amount that I gave him. I mortaged a new home for him and lost the lot.

    So you'll just have to forgive me when he marries a millionaire who's only end game is to fleece him again and my protectionism for what both "he and I " have left kicks in.
  4. What you mean is, it hits t'nail on t'ead.
  5. Your posts just don't add up, Wry.

    Your dad seems to be either not very bright, or else is a vulnerable who needs special care.

    The bit that really doesn't add up, tho', is - how can a woman who is a millionaire 'fleece' your dad who has sod all?

    Anyways, I'll refer you back to the point I made in my first post (I think) on here - your dad is legally married to this 'woman', so if she pops her clogs before him, then he should inherit the vast bulb of her estate.

    If she were to die 'intestate' (no will), then it gets more complex and he'll probably have to get solicitors on to the case before the 'state' pinches a goodly amount (I'm speculating here, 'cos I don't know what happens when a spouse 'goes').

    If she leaves it all to her sons or charity, and none to yer dad, then he'll need even better solicitors to sort his case.

    BUT, it is all very doable. This is standard stuff wot happens every day.
  6. Ryluer

    Ryluer Well-Known Member

    Try a real hammer and nail and you just might hit it.
  7. Ryluer

    Ryluer Well-Known Member

    My Dad was very bright until he lost his wife. His real wife. My Mum. It's been all downhill since then.
    My Dad is also ole school when it comes to the morals and ethics of marriage. But he's had a real kicking this time.
  8. Well, it's in his - and your - hands, Wry.

    There is little question where he stands legally here - all you (he) need to do is be prepared to contest the will if it turns out to be a patently unreasonable one.

    And also hope that she pops off before him...
  9. joinerjohn1

    joinerjohn1 Screwfix Select

    DA, if she dies "intestate" before her husband, then legally, he inherits everything. It's if she's made a will, leaving everything to her sons/ daughters and nowt to her husband, that things start getting a bit legal (from her husband's point of view). I still don't see Ry's point of view, that his dad is only worth his pension, when he (apparently) has these huge tracts of farmland. Surely he can't be just living off his pension and whatever scraps Ry throws his way ? Best advice I could give Ry's dad is to sell the bloody land and go on a world cruise, and spend the bloody lot. ;);)
  10. Thanks for the clarification, JJ.

    It's one of them things wot's not writ in stone as much as people think. If there's any suggestion of a person not being compus mentis, or having had pressure put on them to change their will, then it is open to challenge. Often successfully. Especially if the 'wronged' party is the spouse.

    But it's a murky area.
  11. Ryluer

    Ryluer Well-Known Member

    My Dads wife (cruella) is very ill and not expected to live long. She has been on morphine for a few weeks now and the current dose is very high.

    All her entire estate worth about £1.5 million was willed to charity. Her son (who is a solicitor) has had a new Will drawn up and seemingly from what I have heard, has forced her sign this Will.
    Even holding her hand to make the signature.
    He has sent an official solicitors letter to my Dad for him to sign. Something to do with power of attorney.
  12. Where did you hear about this, Wry?

    How do you know her son wrote a new will, and possibly even held her hand to sign it? Who has witnessed this (who's name is on the will)?

    If you think there's any strength to these claims, surely it's time to call the police?
  13. Ryluer

    Ryluer Well-Known Member

    My Dad has a few good friends who keep him informed. Apparently she was quite annoyed at having to re sign a new will.
    My Dads not in good shape either after his by pass though his mind is still reasonably sharp.
  14. Very difficult situation, Wry.

    What kind of relationship does your dad have with his wife at the moment? Are they relatively cordial? Does he visit her?

    Could you take him to see her and broach the matter?

    But if you think there's really been coercion by her son(s), I suspect it would be best to act now - inform the police - than try and sort it after the event when the will is read and she's no longer there to confirm.

    Is it not the case that for a will to be 'valid' there would have to have been a witness to the 'signing'? Depending on how obviously biased this witness could be, the police might want a chat...

    But, hellish situation.
  15. Ryluer

    Ryluer Well-Known Member

    Its becoming very messy.
    My Dad has been to visit her. He's not allowed to drive so my brother takes him. He becomes very agitated at the thought of not being there for her.

    They (her 2 sons) were very keen to have my Dad visit and stay for a number of nights. But not of concern for their mother it seems.
    They had an official document they wanted my him to sign.
    And with the current state my Dads in there's no doubt he would have signed. Just like his wife did.
  16. You should write down and record every little detail. Every incident. Timed and dated.

    This site (but I don't know how valid it is) suggests that even if a spouse writes a will, the surviving partner has the 'right to claim what they are entitled to by statute': http://www.dummies.com/how-to/content/who-can-inherit-from-an-estate.html

    Of course, that will be ok as long as your dad is 'corpus mentis' - can be shown to be able to think clearly and be responsible for his actions.

    If your dad risks becoming too confused for this, I think you should be looking at taking 'power of attorney' to look after his best interests.

    So, as far as I can see, as long as your dad remains clear-thinking and unconfused, and as long as the witc... er, I mean, his beloved spouse pops orf before him, he has automatic entitlement regardless of her will.

    So, make sure he doesn't sign anything for the 'other half'.

    And make sure you monitor his state of mind - and be ready to take 'power' should he become confused. (Mind you, I don't know if siblings can look after one partner's interests against the other partner's lot...?)

    Bottom line is, if she pops off soon, he should be ok. When your dad passes on, it'll then be split between both family's siblings (after inheritance tax).

    But it does sound complex, so really you should be looking at professional guidance. Especially if you suspect 'foul play'. A decent solicitor should be able to give you the 'warning signs' of her family's attempted interference.
    Ryluer likes this.
  17. ramseyman

    ramseyman Active Member

    I think you will find obtaining Power of attorney is far more complex and tortuous once your dad is 'confused'. Far quicker and less complex to do that whilst he is in full possession of his faculties so if he is agreeable my advice is to do it now, it still takes some weeks.
  18. Absolutely, Ramsey.

    If the parents are still completely corp-ment, then it's clear they know and have decided who they'd like to be responsible for them later on. But once they become confused, then the 'authorities' need to ensure that those hoping to act on their behalf do really have their best interests at heart.

    And that usually involves - afaIk - a number of individuals; relatives, friends etc - so that, overall, the person;s interests are looked after.

    That's very good advice from Ramsey.
  19. Ryluer

    Ryluer Well-Known Member

    I fell I should apologise to you DA for being such an imbecile at times over on the other thread. As you have laid down good advice on here.

    Cruella passed away on Friday. My Dad has a copy of the new Will that was made and he has been left nothing.
    Also a huge chunk of money seems to have disappeared.
    My brother has a very good solicitor on the case and it looks like the police are going to be involved as it seems fraud is going to be investigated.
  20. Thank you, Wry - that's genuinely appreciated.

    Look, I see each individual thread as being completely different areas to address; politics and religion, for example, are very emotive subjects, and sparks will fly (from both sides :oops:) as a result. We can do that on this forum, because it is 'cyber' and we don't have to 'get along' or be 'tactful' as we would in 'real life' :).

    And when it's a subject we both can possibly help with, we do both contribute to them if we can.

    Anyhoo, it looks as tho' nasty things have been going on with your dad's situation. I'm pleased the cops are involved as it looks very likely that it is 'criminal'.

    Good luck - and keep us posted - whilst being careful to not put on details that are - what's it called - sub judice?

    And I will - of course - continue to s*** you off on other threads :p

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