Protecting deferred inheritance

carpedeum

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My mother died last year and left lifelong use of the family home to one son. On his death she specified in the will that the proceeds of the house be divided among her remaining children, or, their estates, should any die before him.

The executors of her will have not followed through with their legal duties, in particular, legalising the future inheritance of the house after the death of my brother granted lifelong use. The executor has not been in contact with my mother's solicitor since the reading of the will. My concern is securing my, or my estate's, eventual inheritance. Potentially, there is a substantial amount of money involved.

I am not in contact with the executor, who is primarily more active in managing, day-to-day, my mother's estate, nor will I be, due to a long running family dispute. My ultimate concern is that this executor will eventually sell the home and I will not obtain my share or all of it! I also have a potentially life shortening chronic illness, which could mean that I die a considerable time before my brother.

How do I protect my future inheritance? I recall hearing that in such instances an impediment (correct term?) can be placed on the house and registered with the Land Registry which would highlight my entitlement to a share in the proceeds at time of the eventual sale. Is this the protection I should pursue? Is there any other legal "small print" that I should consider? I intend contacting a solicitor, but, prefer to have some knowledge of the measures that need to be taken. Thankyou in anticipation.
 
Is it an executor or executors you say has not followed through with their function? What is it they haven't done? I would have imagined that the solicitor has all the legal papers, etc, belonging to the house as well as the will, so the house won't be sold under his/her watch.
 
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You can lodge a caveat with the probate office.

Sorry to hear you are unwell, patching up your relationships might be a wise move.

Few people are inherently and irredeemably evil.
 
To the OP

No-one on this site knows the full story but the fact that there is a " long running family dispute " speaks volumes.

My advice, as a solicitor, is that you engage your own solicitor- they'll talk you through time lines and costs involved in getting matters resolved.

A good solicitor will tease out the practicalities and set out a plan to move things along without escalating the family dispute.

It would be a very foolish executor who would try and sell a property without falling in with the Deceased's wishes. It would be an even more foolish solicitor who would facilitate that - the consequences are appalling.

While we all believe that, given the chance/opportunity, we'd have the estate finalised in jig time, not everyone operates at the same rate.

mf
 
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