+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    Settled in very nicely!
    Join Date
    Sep 2007
    Location
    Oakville, Ontario, Canada
    Posts
    3,532
    Thanks
    576
    Thanked 135 Times in 108 Posts

    Default A question about items in a recent Will

    I have the Wills of both parties but cannot fathom the reason for a certain item.

    First the background:
    1] A widower and his unmarried sister, buy a house jointly in c. 1974 - so it is a recent event.

    2] He dies. He doesn't want the property sold in the event of his death prior to his sister, so a provision in his will stipulates that she can reside in the residence. His estate goes through probate as is distributed.

    3] She dies [1983]. Her will stipulates that the residence cannot be sold for 10 years after her death.

    The questions is in 2 parts:
    1] Why was such a provision made in her Will?

    2] What impact would such a provision have on the Estate of her late brother when the property was sold [after 1993] and consequently, the residue legatee.

    I'm not looking for legal advice - I have a solictor in Emgland handling this matter, but it is in early stages.

    I am just curious about the matter and feel that directing it towards this forum may assist others in the future.

    Thanks


    Colin

  2. #2
    Jan1954
    Guest

    Default

    Just after a bit of clarification, Colin....

    3] She dies [1983]. Her will stipulates that the residence cannot be sold for 10 years after her death.
    What was the date of the sister's will? Was it made after the brother had died?

  3. #3
    Settled in very nicely!
    Join Date
    Sep 2007
    Location
    Oakville, Ontario, Canada
    Posts
    3,532
    Thanks
    576
    Thanked 135 Times in 108 Posts

    Default

    Quote Originally Posted by Jan1954 View Post
    Just after a bit of clarification, Colin....

    What was the date of the sister's will? Was it made after the brother had died?
    In a word - NO!

    Their respective Wills were made shortly after the property was purchased. Hers was done October 21, 1976. This may be a re-write of an earlier Will made after purchase of the property, based upon the declining health of her brother. He died January 1977.

  4. #4
    Brick wall demolition expert!
    Join Date
    May 2010
    Location
    Nottingham (UK)
    Posts
    2,194
    Thanks
    49
    Thanked 439 Times in 433 Posts

    Default

    Colin,

    I’m sure many Forum members have experience of probate in the UK but even if a qualified lawyer came up here with some pro bono advice, you couldn’t trust it as it doesn’t apply to your particular case. I would wait until your solicitor gets back to you with their opinion.
    malcolm99

  5. The Following User Says Thank You to malcolm99 For This Useful Post:

    Colin Rowledge (22-01-2012)

  6. #5
    Settled in very nicely!
    Join Date
    Sep 2007
    Location
    Oakville, Ontario, Canada
    Posts
    3,532
    Thanks
    576
    Thanked 135 Times in 108 Posts

    Default

    I intend to wait, Malcolm, but I am just curious about whether others on the forum may have experienced similar situations and their responses may assist others in the future.

    Colin

  7. #6
    Settled in very nicely!
    Join Date
    Sep 2007
    Location
    Oakville, Ontario, Canada
    Posts
    3,532
    Thanks
    576
    Thanked 135 Times in 108 Posts

    Default

    Just to update this thread. I've had some responses from my UK solicitor. It doesn't answer the question about why there was a 10 year waiting period to dispose of the property. I presume that her solicitors used some of her estate to maintain the residence between 1983 and 1993 and that the residence was not unoccupied during this period.

    One of the things that we have discovered is that by 1995 the S.R.A had become involved and all active files had been reassigned.

    So, in short, I think I'll just contimue to wait on results from the expert!!

    No further comments on this thread are likely to assist me so feel that this is now a moot point.

    Colin

  8. #7
    Super Moderator Ladkyis's Avatar
    Join Date
    Sep 2004
    Location
    Newport, Gwent
    Posts
    2,930
    Blog Entries
    4
    Thanks
    43
    Thanked 196 Times in 138 Posts

    Default

    Do you want this thread closed Colin?
    Ladkyis

    “You can’t give her that!” she screamed. “It’s not safe!”
    IT’S A SWORD, said the Hogfather. THEY’RE NOT MEANT TO BE SAFE.

    I am fluent in three languages, English, Sarcasm and Profanity

  9. #8
    Brick wall demolition expert!
    Join Date
    May 2010
    Location
    Cheshire UK
    Posts
    2,001
    Thanks
    65
    Thanked 398 Times in 385 Posts

    Default

    I know what has been said....

    One of the things that we have discovered is that by 1995 the S.R.A had become involved and all active files had been reassigned.
    Progress you are now only <20 years adrift and I think you have summed it up by stating S.R.A are involved, translation.....

    Solicitors Regulation Authority (SRA) regulates solicitors

    Jx

+ Reply to Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
Select a file: