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Confusion over Will

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  • Confusion over Will

    My late uncle left his house to his brother and £100,000 from his savings to be shared with relatives whom he listed individually. However , he actually only has left £70,000 of savings thus leaving the beneficiaries of the will who should have cash short of £30,000. . What happens here ? Does his brother have to sell the house and add £30,000 back to the pot to bring it back up to £100,000 so the other relatives get their inheritance ? It would seem unfair that the brother would have to sell the house as it was left to him and it’s not his fault that Uncle didn’t have enough savings when he died to give to the others and miscalculated what he thought he would have when he died.
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  • #2
    Provisional view: I think that the cash gifts may abate pro-rata, i.e. that each will receive about 70% of the stated sum.

    However, the exact terms of the will need to be seen.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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