A and B were an unmarried couple. B died last year. A has 4 adult children from a previous relationship. B had no children of his own and is survived by a sister. A and B owned a property jointly with C (one of A’s children) as tenants in common in equal shares.
B had made a Will, but the family have lost the original and the Solicitors who drew it up (following an unfortunate series of disastrous IT and archiving problems) are unable to provide a copy. The fee earner in question cannot recall the terms of the Will.
I am told that A, her 4 children and B’s sister all agree that the provisions of the lost Will were that B left his entire estate to A if she survived him. I am awaiting to hear from a family friend who read the Will to see if she confirms this and if she remembers who the Executors were.
I hope but I am not sure there will be sufficient evidence to reconstruct the Will. If not, I am considering a Settlement Deed reciting what has happened whereby all parties confirm they agree that the Will provided for B’s share of the property to pass to A. After that, the intention is for C to buy out A’s 2/3 share, so that she can buy a new property.
I understand that B had no other assets of value, so it may not be necessary to get Probate if the share of the house can be dealt with between A and C.
Has anyone any experience of a similar situation and/or any ideas how best to deal with it?
Scott-Moncrieff & Associates