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Definition of "dwellinghouse"

5 replies

Ihatecobwebs · 02/03/2015 18:37

I have a query regarding the wording of a will, linked to an estate I'm dealing with.

The will says "I devise my dwellinghouse ... to ..."

Is this just the building, or is it the building and the contents?

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Mumblechum1 · 02/03/2015 19:29

Just the building. Otherwise it would say "and the household goods and effects"

Ihatecobwebs · 02/03/2015 19:54

Thanks.

Secondary question -
The house was owned by "A". It was left to "B" with remainder of estate equally between "C", "D" and "E". "A" has died.

C,D & E did not take the contents, force sale of etc, everything was left in house which was then owned by "B".

"B" has now died. What should happen to the contents, and who should deal with it? (The executors of A's will are now also deceased, as are the executors of B's will.)

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Mumblechum1 · 05/03/2015 08:58

sorry for the delay, just noticed your post.

The house contents, if not specifically disposed of, will fall into the residuary estate so C D and E receive in equal shares. i'd expect the contents to be sold and the proceeds put into the pot with savings, shares etc.

cottageinthecountry · 05/03/2015 09:06

Doesn't it depend on how much time has lapsed between the death and claiming the house contents? Isn't there a limitation, in which case it all goes to the next of kin of B?

(I'm not a legal btw)

Ihatecobwebs · 05/03/2015 22:42

Thanks for the help.

When I found out the details of the first will, A's, I thought that there would be tears before bedtime. I understand what A meant to do, but 30 years on and that's not what's happening.

Whoever let a normally intelligent and competent person lodge this will should have been shot!!! Smile It contained bequests that can only be interpreted by close family and friends - such as "my red jug" and "the living room bookcase" (names changed to protect the innocent, but you get the idea, and yes, the real items are that vague Grin). And now, decades later, it has left me with the problem of the contents.

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