Charge over property, Petitioner now died.

Hello,

My in-laws divorced in 1999. The house was transferred to my mother-in-law but with a charge of 25% net value to be paid to my father-in-law on her death, the sale of house or if she remarried. My father-in-law died 4 years ago and his estate has been administered. What happens now when my mother-in-law eventually dies? Did the charge diminish on her ex-husband's death? The executor of my father-in-law's will knew about this charge, the executor was his second wife.

The charge states:

"Upon completion of the transfer of the property to the Respondent shall forthwith execute a charge upon the property in favour of the Petitioner for 25% of the net proceeds of the sale of the property......"

Any direction would be most gratefully received. Thank you.

Unless it specifically says otherwise his share will form part of his estate so when your mother in law dies, or if she sells the house for any other reason, his share will have to be distributed according to his Will or, if he didn’t make one, intestacy rules.

Thank you. He has died and his estate has been distributed according to his will already. My mother-in-law is still alive, hence he did not receive the 25% net value of the property.

Yes but his estate now owns the 25% that originally belonged to him. It can’t be distributed until the trigger event.

Sometimes it can be many years before it happens but it still has to be distributed when it can be.