Is there a problem with the will.

[moorsy11a]

My brother's patner died approx 15 months ago and left him everything which included her mortgaged property, a small sum of money and a small pension entitlement.He is now paying the mortgage which is still in the name of his former partner - no mention of her being deceased.I have asked him why he is paying when as far as the B/Soc are concerned the property remains in her name.He has contacted the executors several times who have told him matters are in hand.My brother thinks that her mother or brother may have contested the will hence the delay - I said that the solicitors would have a duty to inform you if there may be a problem ? Also surely they should have informed the B/Soc who should not still be requesting payment of the monthly mortgage direct fao of his partner direct to the property.He is out of his mind with worry and I have suggested that he should complain and seek legal advice?.

[Whickerman]

Your advice is sound. Get thee to a lawyer...fast.

[Whickerman]

oh - and by the way - almost all mortgage lenders require life assurance policies. There's a possibility he's paying out on a mortgage that need not exist - the insurance company should clear the debt. You really need to get him to a solicitor.

[antiguru]

Good advice from Whickerman.

If he�s reluctant to bother a solicitor (some folk are like that), get him to the Citizen�s Advice Bureau at least.

Presumably he knows she left him everything because they talked about it? The Executors should have got Probate within a few months, so he should ask them to contact the mortgage people to change everything into his name.

Too messy. Get him to get help quick!

[themas]

If the executors are a firm of solicitors he could make a formal complaint to them about the lack of progress and about not being informed of what is happening. Its possible that the delay is just slackness on the part of the solicitor who should be dealing with the probate.

The executors should certainly have informed the B/Soc of the death. I would have thought it was then normal for the mortgage to be put in the form "estate of ........... deceased" and for the executors to be responsible for payments until probate has been completed. However, there may be practical problems with this if there is insufficient accessible cash in the estate to make the payments, so your brother (who will end up with the house and therefore the mortgage liability) should go on paying.

[Eve]

As said above get legal advice quickly.

Just make sure he keeps clear records of everything, correspondence, payments statements, even if he does not think it is relevant.