Sold property

[Peter12345]

Hi All.

Recently a family member passed away he owned a half share in a flat. The flat was sold to help with care fees.

My question is, in his will it states *my friend will receive my half of the property (his friend owned the other half and has also gone into a care home) and any monies in accounts goes to my nieces*. As the property was sold before he died and money is in his account, does this still mean that his friend gets the money or the nieces?

Thank you for your help.

[atticus]

Generally, if an asset is sold before the testator dies, then a bequest of the asset fails. On your description, the sale proceeds have become "monies in accounts".

But if the flat was sold after the testator's death, the answer is likely to be different. Presumably the bank accounts would have been drawn on first to pay care fees.

It may be sensible for the executors to check with a solicitor, who can advise in the light of fuller information and the wording of the Will.