A question about items in a recent Will

[Colin Rowledge]

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

[Jan1954]

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?

[Colin Rowledge]

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.

[malcolm99]

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.

[Colin Rowledge]

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

[Colin Rowledge]

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

[Ladkyis]

Do you want this thread closed Colin?

[geneius]

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