Will and inheritance tax

Discussion in 'Wills, inheritances and gifts' started by Creation, 9 Feb 2019.

  1. Creation

    Creation New Member

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    My mother passed away 17 years ago and my father told me that she had left her share of their house to me. A few month's later, my brother and I were called into solicitor's office who was also the executor, to sign a form that we were told would prevent inheritance tax and that the property would be put into thirds between me, my brother and father. We asked for a copy of this form that we signed, but never received a copy. I have recently asked probate for a copy of the will and it seems that an older will has been sent and the recent will that my mother made was never sent. My question is would I be able to get a copy of the paperwork that my brother and I signed putting the house into thirds? Incidentally, my father has now sold that property and my brother and I were not consulted nor did we ever receive any money from it.
     
  2. john luc

    john luc Frequent Poster

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    Firstly if you signed something in a solicitor office then yes you should expect to at least get confirmation of what you signed. As for the rest I'm not sure what your explaining. Your father is still alive so did he not jointly own the property with his wife.
     
  3. Creation

    Creation New Member

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    We are sure my mother owned the property as my father informed us that he kept it in her name in case of bancruptcy
     
  4. huskerdu

    huskerdu Frequent Poster

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    There are a few things that dont make sense. Can you clarify ?


    Was the house owned by your mother and father or just your mother ? Your two posts are contratictory ( In the first post you say that you inherited "your mothers share" but in your subsequent post "your mother owned the property"

    What did the will that went to probate say ?

    How did this differ from the later will ?

    If the house did belong to the three of you, how could your father sell it?

    You definitely need to see the document you signed. Formally ask the solicitor.
    Were you under 18 at the time ?


    If this is as murky as it sounds, you need a solicitor.
     
    DeeKie likes this.
  5. Feemar5

    Feemar5 Frequent Poster

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    The will that has to be sent for probate is the last will and testament. Are you sure that the form you signed was not signing your interest in the property back to your father. If you and your brother had a third share of the property your father could not sell it without your permission. It all sounds a bit strange - you probably need another solicitor to check it all out.
     
  6. DeeKie

    DeeKie Frequent Poster

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    What does your father say happened?
     
  7. Creation

    Creation New Member

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    Thank you for responses.
    He always said the house was in my mother's name. Perhaps it was changed to both of their names as when she died he said that she did not do as he had told her to and had left her half to me. A relative has recently told me that my mum rang and told her she was leaving her portion to me in a will in 2001 and she passed away in 2002.

    The will in probate said she left it all to my father.

    My brother and I have no idea how he sold the house but the purchaser used same practice of Solicitors where the will was and it took a long time for father to get money for sale of property, the purchaser had even moved in and my father still did not receive money for a about 3 months.

    I think whatever my brother and I signed was not for house to be put into thirds and prevention of inheritance tax as we were told, we were signing the property over to my father.

    I think you are right that I need a good Solicitor and get information from Land Registry.
     
  8. Feemar5

    Feemar5 Frequent Poster

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    As far as I know the same firm of solicitors cannot act for both parties - law society rules. You really need to get independent advice from another solicitor.
     
  9. Bronte

    Bronte Frequent Poster

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    Nearly 17 years later you’re having issues. Why?

    Also I bet anything that paper records no longer exist other than the will proved in probate. I reckon you’re on a wild goose chase.

    All the Land registry records will show you is who owned the property, who it was sold to etc. You don’t even need a solicitor to find that out. Ditto for wills. Which is a public document.
     
  10. Creation

    Creation New Member

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    Thanks, I think you're right!.