Property left in a will

by Anonymous1975 Tue Jul 13, 2021 3:47 pm

Please bear with me here, i am aware that i am keeping the "general" tab going with my contributions, but i have so much going on in my life now, my head is about to burst with keeping on top of it all. So my father passed away some years ago, i did not know of him until the last ten years prior to him passing. Now my dad and his partner ( they were not married) decided to live separately although the still had a child together (he's now 20, he was 10 when my dad passed) we are half brothers, now my dad always maintained to me that "all the paperwork for his will was in locked box", i never gave any of that a though then. Since my dads passing, his ex has moved into the house, and the deal was when my half bother was 18 we sell it and split it 50/50. This time has passed, i have asked her to honour our agreement and she did (via the solicitor) offer to buy my share of the property at £50 per month (yes that's right) as she was unemployed. She has taken advantage of my kind nature even to the point in suggesting to a solicitor that i should be entitled to nothing as i was adopted by my brothers dad (i was not) she ignores any and all communication, refuses to answer the door and i have tried everything amicably i really have. Please please please can someone help me here, this will help me to help my son out in the future, i have been fair, i have done everything fair by them as im not a nasty person.

by **daveiron** Tue Jul 13, 2021 4:03 pm

personally i think this is one for a solicitor to sort out. I believe & i may be
wrong ,but with your father & partner not being married gives you a stronger
case .I presume no will has come to light. The fact your solicitor has evidence
of an agreement with her,will also be in your favour.

by **assassin** Thu Jul 15, 2021 3:29 am

Actually this is under bona vacantia law and this is specific, it comes down to issue and did the couple have issue (children).

In simple terms you are a blood relative, your step sibling is also a blood relative and his partner isn't, actually its that simple. if your father owned the property then it should pass equally to his blood relatives and if it was in his name alone then you and your step sibling have an equal claim to the property, its that simple, you are blood relatives of your father.

Under the rules of bona vacantia which is a dept of Treasury you need to prove your claim and this is done with your birth certificate showing he was your father, and that he was the father to your step sibling, if he/she is under 18 his mother or guardian will have to act for them.

If you were legally adopted you are classed as "issue" and you need to show the adoption papers and prove your claim, if you were not legally adopted then you have no claim.

Assuming you have a legal claim and full entitlement his mother must have agreed with you both and not just one of you and if they took advantage of you then your solicitor was negligent, and you have a claim, in either event you need a contracts law solicitor to act for you as this can get complicated.

by Anonymous1975 Fri Jul 16, 2021 1:06 pm

There has actually been some news on this, so for a few years now i have been trying to get this resolved and i have been ignored. So something call it a gut instinct was telling me to go and check the property, so today i did, there was no answer, the neighbour came out and said "oh they have gone" i said are you sure and he said "they have been gone for a month.....maybe two" he said they have definitely gone, now this must have been a quick move as there are some things on the window inside, there is also a red x sprayed on the door. A quick Google search shows that this is marked as a good spot for burgling, now i am planning on going there tomorrow and make sure that no one is indeed in the property, and i would like to get the locks changed and prevent further damage to the property. Now where do i stand with this legally? my half brother and i were the only ones that had any claim to the property, with my half brother having severe ADHD (his mother carried on making decisions for him). If anything happens such as a slate falling or anyone is injured due to the property, who would be to blame? the property is still showing in my dads name as any attempt by myself to resolve this was simply ignored by his ex.

by Anonymous1975 Fri Jul 16, 2021 1:19 pm

assassin wrote:Actually this is under bona vacantia law and this is specific, it comes down to issue and did the couple have issue (children).

In simple terms you are a blood relative, your step sibling is also a blood relative and his partner isn't, actually its that simple. if your father owned the property then it should pass equally to his blood relatives and if it was in his name alone then you and your step sibling have an equal claim to the property, its that simple, you are blood relatives of your father.

Under the rules of bona vacantia which is a dept of Treasury you need to prove your claim and this is done with your birth certificate showing he was your father, and that he was the father to your step sibling, if he/she is under 18 his mother or guardian will have to act for them.

If you were legally adopted you are classed as "issue" and you need to show the adoption papers and prove your claim, if you were not legally adopted then you have no claim.

Assuming you have a legal claim and full entitlement his mother must have agreed with you both and not just one of you and if they took advantage of you then your solicitor was negligent, and you have a claim, in either event you need a contracts law solicitor to act for you as this can get complicated.

Sorry i don't think that i explained myself clearly enough, there is myself (45) and my half brother (22) i had not known my father until i was 22, my father was not married and never was married to my father. My mother remarried and i have another half brother, now when my father passed away, my half brothers mother moved into my fathers property (previously she lived in council rented accommodation) she then tried to say that i would have no claim to any property as she believed that i had been legally adopted by my other half brothers father which i had not. Now they have vacated the property (apparently in some hurry) and it is in some state, i wish to take control of the property and bring up a good standard as i had originally planned to some years ago. But i need to know what i have to do legally, i have to say i am upset, my father would have never wanted all of this, and i tried so hard to make this work for everyone years ago. I offered to completely overhaul the property and they could still live there until he was 18 and then we could sell it. But she just completely ignored me. Please if someone can help i would greatly appreciate it.

by Anonymous1975 Fri Jul 16, 2021 1:20 pm

daveiron wrote:personally i think this is one for a solicitor to sort out. I believe & i may be
wrong ,but with your father & partner not being married gives you a stronger
case .I presume no will has come to light. The fact your solicitor has evidence
of an agreement with her,will also be in your favour.

My father definitely had made out a will, but i believe she knew this and hid it although i can not prove it.

by **daveiron** Fri Jul 16, 2021 2:28 pm

You really must get a solicitor on this asap.Also check your Birth certificate
& see who it lists as your mother & father.As its clear they have left the property
get the locks changed ,because you have an interest in the property.

by Anonymous1975 Wed Jul 28, 2021 11:24 am

daveiron wrote:You really must get a solicitor on this asap.Also check your Birth certificate
& see who it lists as your mother & father.As its clear they have left the property
get the locks changed ,because you have an interest in the property.

I have since found that the reason they left in such a hurry was because there was an emergency section 43 placed on the front door, after seeing the property i am guessing it is for the hole right behind the front door that goes directly into the basement. This needs to be remedied and no one is allowed to be in the property until this is complete of face a £20 per day fine until it is, so i have completed an AP1 so that i can have the deeds transferred to my name as they should have been years ago. Then i can finally start to bringing the place upto a decent standard.

by **assassin** Thu Jul 29, 2021 4:55 am

If he is your natural father, i.e. he sired you then you are a blood relative, he is your father.
If he is NOT your natural father, but legally adopted you he is your natural father.
If he sired your stepbrother he is his natural father.

If he did not sire you then he is not your natural father.

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