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Can anyone help me understand the language in a Will please?

10 replies

ByAmberteacher · 25/03/2025 18:17

Can anyone help me understand what this means please?
I really need to know if the deceased person wishes the house to be sold or if it is okay for his daughter (not me) to live in the house and it not be sold. THANK YOU

"I hereby give devise and bequeath upon my trustees my estate both real and personal whateverso and whereeverso upon trust to sell call in and convert the same into money with power in their absolute discretion to postpone such sale calling in and conversion thereof without being liable for loss"
"The trustees shall hold the proceeds of the said sale and conversion and my ready money upon the following trusts"

Then it lists the percentages each child and grandchild will get.
I am an English teacher and totally lost with this wording. Hope someone can help

OP posts:
PotteringAlonggotkickedoutandhadtoreregister · 25/03/2025 18:23

Speak to a solicitor

varden · 25/03/2025 18:25

Yes, it is a direction to sell the property and divide the proceeds of sale as per the will.

The daughter could live in the house, but would have to purchase it first.

OchreSwan · 25/03/2025 18:25

absolutely speak to a solicitor about this

Arthurprachette · 25/03/2025 18:29

I would read that as giving power of the trustees to sell the house and distribute the estate and the postponement is just a cover for all eventualities. If your executor you are the trustee

I think it means sell it and get it distributed!!

I know the wording is horrendous

Arthurprachette · 25/03/2025 18:30

There would be much more jargon about a trustee overseeing and maintaining estate for the purpose of use by the daughter if so

taxguru · 25/03/2025 18:34

Yup, that means it has to be sold and the proceeds distributed to all the beneficiaries.

You weren't thinking you could keep it and live in it and delay/postpone the distributions to the beneficiaries, were you?

ByAmberteacher · 25/03/2025 18:43

taxguru · 25/03/2025 18:34

Yup, that means it has to be sold and the proceeds distributed to all the beneficiaries.

You weren't thinking you could keep it and live in it and delay/postpone the distributions to the beneficiaries, were you?

Thank you - it isn't my house. My child is named as a beneficiary, so I am trying to establish what this all means in real terms for them.

OP posts:
MissScarletInTheBallroom · 25/03/2025 18:45

The instructions to the trustees are to sell the house and distribute the proceeds among the beneficiaries.

ByAmberteacher · 25/03/2025 18:45

PotteringAlonggotkickedoutandhadtoreregister · 25/03/2025 18:23

Speak to a solicitor

Thank you - I only found out about this today, so I trying to understand the Will first so I know what exactly I am approaching a solicitor for.

OP posts:
ByAmberteacher · 25/03/2025 18:46

varden · 25/03/2025 18:25

Yes, it is a direction to sell the property and divide the proceeds of sale as per the will.

The daughter could live in the house, but would have to purchase it first.

Thank you

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