House sale not covered in will

[Tony Heare]

Just a quick one, so I can pick everyone's brains again.

When my dad died, he left me everything ( not a lot, poor devil) in his will. My mother has had Alzheimer's for 7 years and is in a local authority run nursing home. When I took the deeds for their house to the solicitors, they found a page in with the deeds stating that the house would go to my mother if my dad passed away first. Is this still the case or does the will override this? The reason I ask is that the proceeds of the house sale will obviously be used to pay my mother's fees and I feel sick that she can't have any real benefit of what she worked so hard to get.
My mum and dad often joked that when they 'went', as they put it, they would leave me everything they had, so that both my wife and I and our kids would have something out of it. Sounds a bit mercenary I know, but I mean well, believe me.

 

[Jude]

Dear Tony,

Did your mother make a will as well? Normally husband and wife make wills in favour of each other and then in equal shares to their children. If your mother dies intestate, then it looks a bit tricky especially she is not now 'of sound mind'. You need to find your mother's will if she has one and then go back to the Solicitor again, I'm afraid.

Best wishes,

Jude

 

[Sally]

Hi Tony,

Am I right in thinking that what has happened is that your father wrote your mother out of his will so that you would get his half of the house? Now it looks like your Mum gets everything because of the house deeds.
What you need to check is whether they were tennants in common (speak to a solicitor about this). It may depend upon that whether the will overrides the deeds, I think!

let us know what you find out.....

 

[Jude]

Dear Sally,

So far as I understand these issues, a Will overrides all other documents. However, it's a thorny question, especially about details of joint tenants and tenants in common.

Good luck Tony and yes, please do keep us informed as to your progress.

Best wishes,

Jude

 

[Tony Heare]

Thanks to you both yet again for your replies and info.
My dad made his will in 2002, after suffering from a serious illness which needed 2 emergency operations, but at that time, my mother had had Alzheimer's for some 5 years and was at such a point that she couldn't feasibly make a will because of her mental condition. To be honest, a will was the last thing on our minds, because my father's health suddenly deteriorated so quickly. Hindsight is a wonderful thing!

 

[Jude]

Dear Tony,

I see your problem I think, if I'm now correct in assuming that your father left you his money and left the house to your mother. All depends upon the content of the will and the dates of that and the Deeds, presumably.

Hope you have some good news from the Solicitor and Cits Advice.

Jude