English law

[skanxz65]

Hi, not sure if I will get a straight forward answer but here it goes. My farther died 6 years ago and his will stated that the house would go to my mother in the event of his death and would be split between the children if he and my mother died at the same time, the house was in joint names between my mother and farther. My 2 eldest brothers ( 1 step brother from dads 1st wife) are named executives of the will and my step brother is refusing to sign off the will. I have 2 questions the 1st is that if my brothers are named executives of the will can they be beneficiaries in the will as well as I know that it used to be that you could not be executive and a beneficiary. The second is that my mother wants to move into a flat and rent out the house, can my step brother stop her from renting out the house before the will is signed off. Thanks for your help.

 

[army judge]

If dad is deceased, any other codicil of the will becomes moot upon dad's death.


Mom owns the home free and clear, if dad predeceased her.

Yes, an executor can also stand to inherit.

When you say English law, I presume you meant he as applied in the UK.

I suggest you consult a solicitor for further guidance and a precise answer.

I'm thinking that after six years after dad's passing, his wishes no longer matter. He can't control what mom does with the property. Mom can do as she wishes with her home. She doesn't have to do what dad might have done. Bottom line, mom might have a new will(unbeknownst to you) and plans to pass the home to The Church of England upon her demise.

You might wish to speak with mom, before you become agitated. Essentially, people are free to do whatever they wish with property the own in fee simple.


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