Validity of will

[ostell]

Re: Validity of will

WE have tried to invoke the protection of the OPG but that has taken many months and many emails and letters to get them to accept that something just might be wrong. The last letter suggested that they may be investigating.

Wife is, as we speak, looking at the land registry for details of the house. Unfortunately it would appear that it is not registered. last change of hands would be some 60 years ago. Would it have been entered in the registry?

The area we believe may be relevant is Caerphilly, just to the West. We are in Portsmouth so it's a long hike up there.

[MissFM]

Re: Validity of will

WE have tried to invoke the protection of the OPG but that has taken many months and many emails and letters to get them to accept that something just might be wrong. The last letter suggested that they may be investigating.

Wife is, as we speak, looking at the land registry for details of the house. Unfortunately it would appear that it is not registered. last change of hands would be some 60 years ago. Would it have been entered in the registry?

The area we believe may be relevant is Caerphilly, just to the West. We are in Portsmouth so it's a long hike up there.

Yes, the OPG is horribly overstressed so do persevere - the more you push the more they will make you a priority. If you can find out which care home Margaret is in you can look at the CSSIW reports (the Welsh equivalent of th QCC) and also contact them with any concerns. They are very caring and helpful IME.

Caerphilly is about an hour from me so if I can help I will x

[des8]

Re: Validity of will

Crossed again, Desmasroll:

I think that the length of the marriage (certainly the yardstick applies in divorce) is significant. In a "long" marriage it's more than likely that assets are considered to be shared equally, however they came to the partnership in the beginning, as I understand it.

MissFM, I tinks we both oversimplifying the matter .... Just had a quick google.....

[MissFM]

Re: Validity of will

MissFM, I tinks we both oversimplifying the matter .... Just had a quick google.....

Bring it on...masred:

[des8]

Re: Validity of will

WE have tried to invoke the protection of the OPG but that has taken many months and many emails and letters to get them to accept that something just might be wrong. The last letter suggested that they may be investigating.

Wife is, as we speak, looking at the land registry for details of the house. Unfortunately it would appear that it is not registered. last change of hands would be some 60 years ago. Would it have been entered in the registry?

The area we believe may be relevant is Caerphilly, just to the West. We are in Portsmouth so it's a long hike up there.

Unlikely then that the house is registered on the registry yet.
I'm a couple of hours away from Caerphilly, and know nobody in that area.
Can always go and have a look for you though, see the castle at the same time and blag a cup of tea from MissFM

[ostell]

Re: Validity of will

We were hoping to find the current registered owners of the Brighton house on the land registry, just in case it included Margaret.

We are waiting for a couple of things to happen to confirm, or otherwise, the care home.

On the day the funeral of his father was supposed to take place John, the son, told my wife and her sister, cousins, that the undertaker had double booked that day and wasn't sure when the funeral would take place. With a little bit of detective work we found out the cemetery and time. The time was the same as that originally notified. Funeral was the vicar at the graveside saying a few words and that was that. Wreath from John's first wife had the "in memoriam" card picked out and torn up. This is the loving son.

[MissFM]

Re: Validity of will

That is extremely distressing, Ostell.

Clearly there's a subtext to all this - presumably why you're so worried.

[des8]

Re: Validity of will

Whilst I understand your families' concerns I wonder if in actuality there is anything you can do about it.
Margaret obviously it seems needs full time care, which is being supplied by a council run care home.
She has no assets as her late husband let her nothing.
Her son has LPA, and could argue that he has arranged for her care. The fact that he is cold hearted is not a factor taken into account.
If you could obtain maintenance from the estate for her, what actual difference would it make?
She would still require full on care from a home, and what is there to say that would be better provided in a private home, if a place could be found.
If the local council currently providing her care were to discover that she should be receiving financial support from the estate, they might be prepared to pursue the matter.

Although his attitude is to be deplored, I think you will have great difficulty improving your aunt's condition.

[ostell]

Re: Validity of will

The up side of all this is that Margaret is now in full time care, something that my wife has been pressing for for over a year. It can only be to aunt's benefit as hopefully she will have contact with other people rather than sitting on her own for 23 hours per day in substandard conditions. Wicked sense of humour she has despite the dementia, especially when you bring her a bottle of Baileys.

The downside is that the two nieces have no idea where their aunt actually is, though there are some pointers. Requests for information are met with "Talk to the Solicitor". Visits would be difficult but they would like to send a card now and again and perhaps a bouquet of flowers.

The son has an ex-directory phone number, though we do know his address, which he doesn't realise.

Margaret had hoped to stay in her home of 60 years until she died, a comment she has made often. Although it needed top be done the move must have been very stressful for her.

I'm still pondering that will. There must of been a reason that it was written that way, perhaps to avoid tax, but the result being Margaret being left with nothing seems wrong. I would have thought it should have been held in trust by Margaret for her son. Perhaps George was under the impression that his son would "do the right thing" for his wife. We will never know.

Complaints will be going in about the Brighton social worker not telling that Margaret had moved. Margaret had previously told her that she was happy for the two nieces to be kept informed of her situation. At one point we had to contact the CQR to kick social services in to life to take action.

Can anybody explain to me the difference between gross and nett estate valuation.

[des8]

Re: Validity of will

Gross value of estate: total value of deceased's property before deduction of liabilities
Net value of estate: value of estate after deduction of all liabilities (ie debts, funerary expenses, executor's costs etc)

[ostell]

Re: Validity of will

Thanks for that, that's what I thought.
A 90 year couple with a house that was inherited, a very minimalist funeral and yet it would seem £175,000 worth of liabilities. Something is not quite right. Could be as simple as a loan but by who and secured on what?

[des8]

Re: Validity of will

Certainly seems odd, but also a bit pointless (I assume you are suspicious there might be some sort of fiddle going on)
If the value of the estate was below IHT level (currently since 2011[?] £350000) and there was only one beneficiary, what purpose would be served by trying to make the net value appear less than it is?

[ostell]

Re: Validity of will

That's what I thought.

Wonder where the liability of £175,000 came from as this was a 90 year old couple living in a house that they inherited some 60 years ago. A very minimalist funeral and some legal expenses would be the only obvious liabilities. Perhaps a loan taken by someone and secured on the house? An income loan? Wouldn't have thought so as there was a civil service pension.

Off course it could always be accounted for by Margaret's share of the house.

[des8]

Re: Validity of will

But if Margaret owned half the house, that half would (should?) not have been included in the estate's gross value, and is certainly not a liability of George's estate.

[ostell]

Re: Validity of will

See what you mean. Something is a bit adrift somewhere.