Advice regarding Wills and land

S

Smokeygirl

Registered User
Messages
56
Hello,
Could anyone please give me some advice regarding wills and land?
Situation:
two people have lived in this house all their lives, both now pensioners.
About 18 years ago, a third memeber of the family who lived there also tried to sort out ownership of house and land regarding previous will etc
It was stopped at a point, which I assume was regarding ownership/ a can of worms regarding will etc.
Is there a point where if the will was not executed and not contested that these two people has ownership rights of the house.
Both are unfortuantely in poor health, should they require 24/7 care and private nursing, selling the house and land would provide the fnancial support.
 
In answering I assume the will you refer to left the property to someone other than the two people now living in the house. Also you state the will wasnt executed , but I assume you mean it wasnt probated.


Generally you cannot claim ownership of a property left in a will until 7 years after the death- if the person entitled was in their right mind, and wasnt a minor.

After 7 years you can begin to go into adverse possession. So if the death was more than 19 years ago, it is possible that this couple could claim adverse possession. That is if the other person who tried to sort out the title didnt remain there until recently- i.e if they left more than 12 years ago. And if they werent in the property by consent.

This is all very general, but the particular circumstances may negate any of the above. Really they need to talk to a solicitor and go through the history of the property, the family tree, what wills were left, who died without a will etc etc
 
Unfortunately, the elderly people concerned are an aunt and nephew.
The aunt is quite eccentric and the nephew who is dyslexic (late diagnosis so illiterate ) feels threatened when anything is mentioned regarding the land etc.
Neither have much to do with forms etc. Actually they make them nervous and
it starts an arguement normally.
Typical elderly Irish I suppose, not trusting institutions etc.
Can a member of the family try to sort this out through a soliticitor? Without involving them, as much as is possible?
Any advice would be appreciated. :confused:
 
It is unfortunately all too typical.

Its very hard for a solicitor to take instructions from anyone other than the client(s) actually involved. Certainly, if a member of the family could gather together as much information as possible and ask a solicitor to advise as to what needs to be done, that would be a good start. If the solicitor was able to give a positive view on things, it might feel less threatening to all involved. It might even be that another family member could deal with the issues wheil ultimately benefitting the parties.
Ultimately, though, if they have a resistance to dealing with things, it really is well nigh impossible to sort things out.

Good luck.

mf
 
Well its possible that much of the legwork could be done by relatives, but the instructions have to come from the persons involved- and they will have to sign the papers. Besides if the nephew feels threatened when someone mentions land or forms, how is he going to feel if a relative consults a solicitor about what he obviously feels is his business.

To be honest, I really feel the best way forward is for the nephew or aunt to get the advice directly themselves- remember solicitors are well used to dealing with all kinds of people and will temper their tone and language to suit the person they are talking to. Perhaps a female solicitor might be less threatening? Or someone they already know? Is there a real need to get title at all? Would there be a possibility of subvention? Perhaps the aunt could do a transfer of whatever interest she has in the property ( if any ) to her nephew, reserving a right of residence, to qualify for subvention if her supposed ownership is getting in the way of qualifying?

Sorry, my post crossed with mf1s.
 
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