Confusion Of Will

[muppeteer1969]

Close friend has died naming my wife and I executors. His will leaves contents of house to us and car to a friend. The actual house is not mentioned. We believe that this is because he told us he wanted to sell it to an equity release company in the new year. He advised us that he would deal with one of those companies where u sell it to them and live there rent free until you die. However as he died before this could happen there is concern around the house being omitted from the will. When going thru the persons effects there was a card with a number on to call in the event of his death. We did this and it turns out there are two daughters from an affair from 43 years ago. The deceased was in contact for the last couple of years over the phone and meeting at least once. They are not named in will. The will was written and dated earlier this year and witnessed by two people. What happens to the house?

[fiction-factory]

Are you sure the will doesn't make a general provision for how his asses are to be divided up?
Or was it a DIY will kit?

[fiction-factory]

assets not asses

[VHG]

I am no will expert, but I would think the house has to be sold and included in his assets and the money is shared out amongst his living relatives (the two daughters?).

As you are not blood relatives I don't think you have any chance of being given the house.

[bhg481]

Perhaps it depends whether the "daughters" can prove that they are his daughters. There seems to be no mention of daughters in the will and, if his name does not appear on their birth certificates, there would appear to be no legal link to them.

[Peter Pedant]

I hope Barmaid and BC will be along

Barmaid does wills full time if you get my meaning

My take is that the will takes effect and that the residue that is the house goes to the intestate heirs which are the two daughters in equal shares

You really need to take advice on this I am afraid ....the estate pays ( £200 a hour to a lawyer )

and the rest of us can learn to make a will
( it should always have a residue or drop thro clause in case something fails ) - not having one doesnt invalidate the will it just makes the lawyers rub their hands

[sandyRoe]

Could DNA play a part? There was a woman here who secured a half million inheritance when it was used to prove she was the illegitimate daughter of the deceased.

[Peter Pedant]

here is wiki on the subject

https://en.wikipedia.org/wiki/Residuary_estate

wiki is of variable quality a bit like AB

I googled wills without a residuary clause
and there are a whole lot of links which you can trawl thro

[Peter Pedant]

[ The facts are taken as facts ( usually in legal problems) by convention so that the daughters are taken as blood daughters and not progeny of his friend Madge who used to know his cousin and did for his uncle during the war )

[Buenchico]

If the will (either explicitly or implicitly) names a 'residuary beneficiary' (i.e. someone who is to receive everything not specifically mentioned in the will) then, clearly, that person inherits the house.

If, as seems more likely from your post, there is no residuary beneficiary, then a 'partial intestacy' is created and the house (together with anything else left unallocated by the will) will be inherited in accordance with the intestacy rules:
https://www.gov.uk/inherits-someone-dies-without-will
which, from the information in your post, would seem to be equally by the two daughters.

[Peter Pedant]

Not being a legal question

what you will find when the lucky daughters are told they are residual beneficiaries in equal parts is that they turn around and ask
WHy arent we getting the whole lot ?

so practically speaking ( since questions/ltigation about the estate is paid for out of the estate ) is to get 'agreement' that is everyone accepts that the law says they gets X and Y and not X,Y A and B and the kitchen sink .....

[themas]

BC & PP are undoubtedly correct. However, if you are not experienced in being an executor you need to beware of possible pitfalls. You say the deceased intended to sell the house to an equity release company. He therefore presumably needed money but you – I assume – don’t know why. It is possible he had debts which he wanted to pay off. You will need to do everything you can to find out whether this was the case & if so identify the creditors and how much they are owed. The procedure you must follow to avoid the possibility of becoming personally liable includes – I believe – putting an advert in the London Gazette & possibly in local papers.

The first call on the estate is the funeral costs, & the second call is the debts (if any). If there are debts you may find the house has to be sold to pay them. You must not distribute the estate until you are satisfied any creditors have been paid (or they have been part paid if there is not enough money to pay them in full).

I suggest you get legal advice unless you are confident you can do this correctly yourself.

[Old_Geezer]

If they ask why they are not getting "the lot" simply say you'll ask when you next use the Ouija board.

[Peter Pedant]

i have wound up an insolvent estate
and altho Themas is correct - it is not as horrific as he makes it sound.

altho advertising for creditors is an excellent idea - take it from me they form a queue outside the door....

also having debts more than the house - blimey a big spender indeed

what you may find ( clearly I have had dealings with grasping relations ) is that the daughter " have been told the debts get written off" and so they get all the assets. - in fact the assets are offset against debts and if there are still debts outstanding then they are written off.

Being an executor is not that much oof a millstone

[muppeteer1969]

There is no debt, the equity release was to just supplement pension. There is also issue of accounts which we have just discovered. These have several thousands of pounds in and there is no provision in the will for them......