PDA

View Full Version : Understanding Wills and their real meaning



carnival
25-07-2010, 10:41 AM
Is there anyone on the forum who is a solicitor or works for a solicitor who can answer a question in regards to a will?
I have the will of my great great aunt who leaves monies, made in regular payments, to my grandmother. In the will it also states that on her demise (my grandmother that is) payments are to continue to be paid to her husband (my grandfather).
My question is: If when my grandfather died, would the payments have continued to be paid to any of his children? Because this is not stated in the will would the payment have just ceased? And if there was still money held for my grandparents, after they had both died, where would it have gone?

Hope this is clear, as I don't know the legal system, I am at a loss as to understand what procedures would be followed.
Thanks
Carnival

Neil Wilson
25-07-2010, 12:15 PM
I suppose it all as to do with the probate laws of the country the Will was made in?
How much money was in the account to start with?
Assuming that it was the interest being paid out, there would still be the capital somewhere, unless this was claimed by the state. The lawyers who dealt with the Will would be the best for information, as to their procedures in cases like this.

carnival
25-07-2010, 12:30 PM
Neil you are correct no doubt, the will was made out in England and as I am in Australia I suspect not a lot of solictors here would know how the English law works in cases like this. My gg aunt died in 1940 and altho' I haven't checked I suspect the solicitor she used is no longer around.
I don't know any English solicitor I could approach to ask procedures, maybe I can find one to email, wish me luck in getting an answer !

pottoka
25-07-2010, 4:05 PM
Doesn't the person making the will have to designate someone as the residuary legatee? That person inherits whatever is left after all the legacies and bequests, debts and so on have been dealt with. In the case put by Carnival, the capital would revert to that person or their heirs.

Please note that I have been in a solicitor's office perhaps four or five times in my life, have not yet made a will and have never inherited anything, so I'm probably spouting a load of nonsense that I've picked up here and there from badly written and badly researched books |shakehead