ChatterBank5 mins ago
Legal Charge (private mortgage)
My wifes father agreed a sale on a bulding in the form of a legal charge (private mortgage), in 2004.
One of the instructions in this document was, on his death any moneys outstanding shall be paid to his daugther with her name and address aswell. He was diagnosed terminal with cancer 1 day before he died his girlfriend had arranged for them to be married on his death bed, without our knowledge. She was also a witness on the legal charge before she was in a relationship with him. She is now trying to take what belongs to my wife where do we stand
One of the instructions in this document was, on his death any moneys outstanding shall be paid to his daugther with her name and address aswell. He was diagnosed terminal with cancer 1 day before he died his girlfriend had arranged for them to be married on his death bed, without our knowledge. She was also a witness on the legal charge before she was in a relationship with him. She is now trying to take what belongs to my wife where do we stand
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So he sold a building & granted a mortgage to the people who bought it. They have been making payments to him under this mortgage. The mortgage states that on his death they should make payments to his daughter.
I assume this is what you mean - if not can you please clarify.
I assume he died intestate, because the death bed marriage will have invalidated any previous will (unless made in anticipation of marriage which seems unlikely given the circumstances). So his widow will inherit the amount the intestacy laws state.
The question then is whether the benefit of the mortgage is part of his estate - if it is, then it goes to the widow (unless the total estate is above the intestacy amount). I think it is almost certain it will be part of the estate, but your wife needs to see a solicitor with the mortgage document to get definite advice on it - the outcome may possibly depend on the precise wording of the mortgage deed.
I assume this is what you mean - if not can you please clarify.
I assume he died intestate, because the death bed marriage will have invalidated any previous will (unless made in anticipation of marriage which seems unlikely given the circumstances). So his widow will inherit the amount the intestacy laws state.
The question then is whether the benefit of the mortgage is part of his estate - if it is, then it goes to the widow (unless the total estate is above the intestacy amount). I think it is almost certain it will be part of the estate, but your wife needs to see a solicitor with the mortgage document to get definite advice on it - the outcome may possibly depend on the precise wording of the mortgage deed.
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