# Left house by aunt and obstacles in the way



## curious20 (11 Apr 2014)

Hi
My aunt died around 9 years ago and left her house to me, my two siblings and my mam (upon death of her husband, who was allowed to reside in the home until his death)

Her husband is a maverick of a figure and has more than a few screws loose!

The family don't talk to him and haven't done so for years. He no longer resides in the home and permanently resides at a public nursing home (found this out through a family friend and had it verified by said nursing home). We're not looking to sell the house now, but are anxious that upon his death, we will be the entitled beneficiaries of  the house. 

We have heard that he has given the deeds of the house to a niece of his so we approached our solicitor re grant of probate as I believed that as he has not instigated this and didn't do so within two years of my aunts death), that as a beneficiary of the will, we have the authority to do this. 

Our solicitor said that we can't do this until we ascertain your mans mental state and stuff but none of the family talk to him, nor do they intend to do so. 

We just want to get the ball rolling on this as we are anxious that we won't be entitled to house even though aunt left to us as he hasn't applied for probate and has given deeds away! 

Any advice would be greatly appreciated. Many thanks.


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## PatMacG (11 Apr 2014)

Sounds odd.

Did your aunt leave a will?

Who has it if she did?

Who was the named executor?


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## curious20 (14 Apr 2014)

The solicitor has original will as far as I know and the beneficiaries have copies. Her husband is the named executor but he's a very cunning man and we haven't talked to him in around 7 years. Thanks for your help PatMacG


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## Bronte (14 Apr 2014)

Did your aunt own the house outright?  What about her husband's entitlements under the Succession Act?


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## Joe_90 (14 Apr 2014)

curious20 said:


> The solicitor has original will as far as I know and the beneficiaries have copies. Her husband is the named executor but he's a * very cunning man * and we haven't talked to him in around 7 years. Thanks for your help PatMacG



If he allowed his wife to will her house to someone other than him then he is not that cunning!


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## Bronte (14 Apr 2014)

Handing the deeds to the niece doesn't transfer the title.  The executor would have to do something more.  There is apparently a right of residence on the property so it cannot be sold until he dies.  Wouldn't the easiest thing be to do nothing until the uncle dies.  What has the solicitor advised.


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## Billo (14 Apr 2014)

curious20 said:


> The solicitor has original will as far as I know and the beneficiaries have copies. Her husband is the named executor but he's a very cunning man and we haven't talked to him in around 7 years. Thanks for your help PatMacG



So you as a benificiary have a copy.

What does it say ?


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## PatMacG (15 Apr 2014)

Billo said:


> So you as a benificiary have a copy.
> 
> What does it say ?


+1.  It seems you're in possession of more detail than you've given us to work with OP.


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## Seagull (22 Apr 2014)

7 years is excessive to get a will through probate. You could apply to have him removed as executor. If there's any doubt as to his mental state, that would make it easier to have him removed.


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