Will question re bequest

[missatkins]

Hi all, this is my first post and I'm hoping a legal eagle will be able to help me with an issue over a Will.

Basically, I worked for someone for 30 years as a secretary and in his Will he left me a part share in a commercial property, but only after the death of his wife (Quite understandable as she receives monthly rent on the property). The property is owned by three people. Many years ago, both he and his wife sat me down and explained that the bequest was as a way of appreciation for the many years of loyalty I'd shown him. Also, he knew that I had no savings or pension plan in place as the salary was quite low.

Anyhow, my lovely boss passed away last year and the one third share in the office has now passed on to his wife. However, she is now considering selling the property, and therefore, even though her Will states that I will get the one third share in the offices on her death, how will that be possible if she sells her share? She is intimating that she wants to use the money to renovate her home and to give her children some money.

Can anyone advise me where I stand legally? I suppose I've accepted the fact that I won't be getting anything, but find this unfair, as when my boss died, so did my job, so I am now unemployed.

Any help would be much appreciated.

Thank you

I assume you are in England, have you got a copy of probate and the will? If not, that is your first step.

Hi, thanks for your reply. I'm actually the executor along with his wife, and probate hasn't yet been obtained as its quite a complex estate. It has fallen on my shoulders to administer the estate as his wife is just not capable. This is something else that has annoyed me as its very time consuming and I'm not getting paid for my time or out of pocket expenses.

You could insist on handing over the execution of the will to a solicitor to be made for out of the estate.

Why can’t you claim payment for your work per hour as executor A lawyer would!

Or perhaps it would be easier as a pp said just to hand it over to professionals to deal with as it’s complex?

You need to see what the will says and then try and make head or tails of all the legal speak. Sometimes there’s something in it that prevents the other person selling the business because of your future claim.

Someone else on here said something about universities having students who could do legal work for people under the supervision of the university. I don’t know here or what type of legal work but perhaps some Googling may reveal something of use? That would certainly keep your costs down if a legal school could get involved?

If his will leaves the property to his wife and says that it should pass to you on her death, I'm afraid the bequest to you has no legal effect. His wife gets the share of the property and can do with it whatever she wants. She is entitled to sell the property and spend all the proceeds or leave them to someone else.

However, if his will gave his wife a life interest in the property with it passing to you on her death, that is another matter. His wife can sell the property, but she cannot spend the capital raised by the sale. She can only spend any interest it earns.

The Will states that the property is left to his wife for her lifetime and then passes to myself.

I believe it is then in trust to the wife? I don't think she can do what she intends. Who manages the trust? Do they have a solicitor doing it? You need to take a copy of the will to a solicitor who deals with wills specifically, and ask them the correct path. You should also charge for your time, or suggest a probate solicitor deals with probate as the cost can come out of the estate if employed by the executors.

You need legal advice. If the will doesn't mention "trust" or "trustees", the gift to you may have no legal effect. He may have intended to give his wife a lifetime interest in the property with it then passing to you but that may not be the effect of his will. Was it, by any chance, a homemade will?

It was drawn up by a firm of solicitors

In that case it is probably ok, but you should still get it checked. If it has set up a lifetime trust the deceased's wife cannot spend any of the capital. She can only spend the rent or, if she sells her share in the property, the interest on the capital. She can use the capital to buy another property which would then become yours when she dies, but she certainly can't give any of the capital to her children.

I agree with pp get legal advice.

Once you are clear on the legal position, arrange a second meeting with the solicitor and include the other executor(s), especially the wife, and get them to explain the will to her and what she can and cannot do. It will be far easier to have someone independent explain it to her.

You do not have to use the solicitor to do probate etc. but given there may be a potential conflict it might be better to let them do it. You can claim solicitors costs and executor costs from the estate.

Thank you for all of your responses and suggestions. I'll arrange to see a solicitor ASAP.

How did you get on with the solicitor?