Complicated one regarding property after death......

[lisadp1970]

Apologies if this is in the wrong area but wasn't sure where else to post.

 

My sister died in August 2016 and as she died without a will everything was left to her husband.

Now here comes the complicated bit......She had bought her house from the council at a large discount before she met her future spouse and lived there with her two teenage children.

A few years later she got into huge financial trouble and was struggling to pay the mortgage so when she got with her husband he took over the finances and sorted out the debt and it became a joint mortgage.

 

A few years later and she was diagnosed with terminal breast cancer so her life insurance was cashed in and the majority of the house was paid off, leaving some over to enjoy the final few years of life for my sister.

 

Fast forward to now and her Widower has literally cut off her two children (now adults and with their own families) sold the house for £260k which is around £30k under it's market value and moved on without even informing my niece so she could go and clear the loft of all the very precious family mementos which were in there.

 

He is now threatening to take her to court claiming she owes him £6k, which he gave her as a gift just after my sisters death to pay off her debts, stating that it was actually a loan. There is nothing in writing or evidence of my niece agreeing to it being a loan.

 

1st question, can she just ignore his demands for the repayment of the £6k if there's no written or signed agreement it was a loan

2nd question, was he legally allowed to sell the property on without informing my Neice and Nephew knowing there were a large amount of their personal keepsakes in the house?

 

Thanks for any advice

[honeybee13]

Hi Lisa.

 

I'm sorry to hear about your sister and the new set of problems. It's very disappointing that her widower has been so standoffish to her children, it's very upsetting to lose items of sentimental value.

 

See what other people think but I think they may need advice from a lawyer.

 

HB