things a re a bit slow around here recently so I think we should perk it up a bit with some hypotheticals that everyone can chime in on just out of interest and distractions sake.
40 years ago Micheal married the widow Mary. Mary had two young children from her first marriage to John. John died testate appointing Mary as his Executor and leaving the house to his two minor children as Joint tenants and the residual to Mary. Mary however had a deep mistrust of the legal profession and not wanting to incur costly fees and go through complicated arrangements never properly administered the estate, thus the house remained in her name following its vesting in her as executor. the Children were never made aware of the legacies left to them by John.
Michael and Mary along with the two children lived in the house as a family home and not long after becoming Married, and at Michael's suggestion, Mary executed a deed granting joint ownership of the property to Michael.
Mary passed away recently, Wanting to keep her money and property away from "Thieving and scheming Solicitors" and believing that in the event of her death her estate would pass either to Micheal or her children regardless Mary choose not to write a Will and has died intestate. John and Mary's two children have now for the first time learnt of the the legacy left to them by John and are seeking possession of the house.
Michael comes to you seeking advice, he is worried that he will have to leave the house he has lived in for 40 years believing it was his family home. Advise Michael.
If the two children, presumably in their 50's or 60's at this stage, are still living in the family home at their age and can't do the right thing by their step-father of 40 years, then they were raised badly.
Michael should tell them to fu€k off and legal up because it's gonna get messy.
Fixed that for ya!
Did John die before Succession Act came into play or did the residue satisfy Mary's entitlements as surviving spouse?