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Any probate lawyers around? Will not updated after moving house.

9 replies

donkaaaay · 17/05/2020 00:02

A will has specified that the testator's home (specifically named, EG 1 Ivy Close) is to be left to a person "Person A", and everything else to another person "Person B".

The person who made the will subsequently passed away, but had moved house from 1 Ivy Close and no longer lived in that particular property. Can Person A due to be left the property contest the will? As it stands, person B will inherit the whole estate, including the new property and Person A will be left with nothing.

OP posts:
AlwaysCheddar · 17/05/2020 06:50

No idea but I’d contest as the intention was clear that the main property go to person a and b gets the rest.

user1487194234 · 17/05/2020 08:20

Unless the Will says or such other house owned by me or something like that I would say no but take advice

popcorndiva · 17/05/2020 08:24

Did it not have after 1 ivy close something about or whatever is currently the primary residence. Can't remember the exact phrasing that was put in my will.

prh47bridge · 17/05/2020 09:49

Had the deceased sold 1 Ivy Close or did they just not live there any more?

A lot depends on the exact wording of the will. Without knowing exactly what the relevant clause says it is impossible for anyone to advise.

Even if the result of the will is that person A gets nothing, they may still have a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

donkaaaay · 17/05/2020 17:47

Deceased sold 1 Ivy Close and moved to their new house but never updated the will.

OP posts:
IDefinitelyHaveFriends · 18/05/2020 21:19

Is there general agreement that this is just an oversight on the deceased’s part, and they’d have wanted A to have it but never got around to the change? Or are there reasons to think they might have changed their mind entirely? How long ago was it? Were they capable at the time of the move? What does B think, do they intend to abide by “the spirit of the deceased’s intentions” or pocket the lot?

PowerStruggle · 18/05/2020 21:23

The person who is now not getting the house should ask their lawyer to request the attendance note from when the will was made to see what the intention was with the property - would be odd not to have “or their primary dwelling” type clause if that’s what the intention was - assuming they didn’t just use a crap lawyer.

Pipandmum · 18/05/2020 21:27

This is why one never nentions actually property. It would definitely been unusual for a lawyer to draw up the will without saying as @PowerStruggle says.

NormanChrist · 04/06/2020 23:36

Can you type out the entire relevant clause please? Without it I can’t advise you properly and A could well be worrying over nothing.

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