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Legal matters

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Estate

11 replies

mymadcatlady · 19/01/2024 16:57

Is there any solicitors about that could help me please. My DIL has asked me to look at this will that her now deceased MIL has left
She was always told that she was going to leave the house to her but this doesn't seem to be the case. The will states

I give the said property together with carpets furniture and other articles of household use or ornament or it's proceeds of sale or the investment's arising from it after payment thereout of the sum of ten thousand pounds to my said daughter in law to my grandchildren living at my death as shall survive me and if more than one in equal shares.
It then says at the bottom

I give my residuary estate to my 'best friend' absolutely

I'm sorry it is so long but would appreciate some advice do I can pass it on
Thank you

OP posts:
Boomboomboomboom · 19/01/2024 17:06

How is property defined? If an actual property (dwelling):
Property left to grandchildren or if sold proceeds of sale to grandchildren minus £10k proceeds of sale to daughter in law,

Any residuary estate to her mate.

Rocknrollstar · 19/01/2024 17:37

The will has to be entered into probate. You should see a solicitor and have it fully explained. Unfortunately people make wills without realising the full implications. It sounds as if her friend could get more than the daughter even though that wasn’t her intention. Or maybe it was?

mymadcatlady · 19/01/2024 17:37

@Boomboomboomboom it is an actual bungalow

OP posts:
JobMatch3000 · 19/01/2024 17:40

IANAL
Sounds like DIL gets £10k
The Grandchildren share the house and contents.
The friend gets what's left in bank accounts, maybe the car, anything else the deceased owned.

Snowydaysfaraway · 19/01/2024 17:42

Aren't you dil's mil op?
<confused >

mymadcatlady · 19/01/2024 17:45

@Snowydaysfaraway I am the mil as there is a second marriage involved

OP posts:
Boomboomboomboom · 19/01/2024 18:09

Property doesn't necessarily mean bricks and mortar.
Go and get legal advice

mymadcatlady · 19/01/2024 18:33

@Boomboomboomboom what else could it mean

OP posts:
prh47bridge · 19/01/2024 19:36

Boomboomboomboom · 19/01/2024 18:09

Property doesn't necessarily mean bricks and mortar.
Go and get legal advice

"The said property" is clearly refers to whatever property has been described in the will. If that is the bungalow, the bungalow is the property.

As others have said, DIL gets £10k, the rest of the value of the property goes to the deceased's grandchildren and everything else goes to her best friend.

If the deceased promised the bungalow to her DIL and she has acted to her own detriment based on this promise, she may have a claim against the estate.

Boomboomboomboom · 21/01/2024 13:54

Some wills say "all my property" as a way of describing everything someone owns.

Other wills define an actual property e.g. 56 Green Place (herein "the Property").
Without reading the Will none of us know what "property" means

prh47bridge · 21/01/2024 18:02

Boomboomboomboom · 21/01/2024 13:54

Some wills say "all my property" as a way of describing everything someone owns.

Other wills define an actual property e.g. 56 Green Place (herein "the Property").
Without reading the Will none of us know what "property" means

It says, "the said property together with carpets furniture and other articles of household use or ornament". It is clearly referring to bricks and mortar.

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