Will Wording Help!

[Frank1]

You should refer them to the wording in the trust term
".......any dwelling house or flat purchased in lieu. "
.
Your name should be added to make you a co-owner of this property in place of your mum.

[Frank1]

Sorry my last sentence is incorrect.
You mum's share of the property should be held in trust for you until he sells it.

[Ellster]

Oh I do hope this is right and that they'll listen.
Will this need to come from a solicitor?
Frank1

[atticus]

OK, I think it would be hard to say that, reading the letter sent in 2019, the solicitors should have advised that your mother should consider whether her will needed to be updated.

[atticus]

I hesitate to disagree with Frank1, but I think that the "in lieu" wording requires the named property (the one sold by 2019) to have been in your mother's ownership at her death, to have gone into the trust, and to have been sold thereafter in accordance with the trust wording.

This difference in interpretation is another good reason why you should take specialist legal advice.

[Ellster]

Ok thank you. I really appreciate you both trying to help me.

[Ellster]

May I just ask one more thing of you both please? atticus & Frank1.
As executors of Mum's will (myself, mum's husband & her sister) do I have any grounds in which to argue that we can't distribute the estate in the way he is suggesting, as to me the will (no3) doesn't make any sense and I do not believe it to be Mum's intent?

[atticus]

See that solicitor! You need to understand where you now stand with the will. The will needs to be looked at as a whole. Does it contain any provisions other than those you have quoted?

[Ellster]

Morning atticus

The will goes on to say:

MY EXECUTORS shall hold the residue of my estate UPON TRUST either to retain or sell on the following trusts: (u) (b) To pay my debts taxes testamentary and funeral expenses To give the residue to my said Husband **** absolutely. IF MY said Husband shall not survive for the period of thirty days the preceding clause shall not take effect and in lieu thereof I DECLARE that the following provisions shall apply

MY EXECUTORS shall hold all the residue of my estate UPON TRUST either to retain or sell on the following trusts: (a) To pav my debts taxes testamentary and funeral expenses (b) To give the residue to my daughter **** absolutely provided always that if she shall have died i, *)'lifetime leaving children living at my death who go on to attain the age of 2l years such children shall take by substitution and if more than one in equal shares absolutely the residue of my estate that she would have taken had she survived me

. THE STANDARD provisions of the Society of Trust and Estate Practitioners (First Edition) shall apply.

I don't know if that helps in any way!

I did have a free call with a probate solicitor yesterday. She implied that clause 3 didn't make any sense. There seemed to be missing wording and so as executors, she's suggesting that we need to go to seek rectification given that the 3 executors do not agree what clause 3 means.

I have substantial evidence to suggest the intent was 'any property'.

[atticus]

Does the Will contain both of those entirely contradiccttory clauses? What a mess!

Take care not to use the whole estate in litigation. This cries out for a sensible negotiated settlement. I recommend you to instruct that solicitor to help you achieve this.

[Ellster]

Does the Will contain both of those entirely contradiccttory clauses? What a mess!

Take care not to use the whole estate in litigation. This cries out for a sensible negotiated settlement. I recommend you to instruct that solicitor to help you achieve this.

Thank you for your help. You're right, it is a complete mess!

[Frank1]

Post 1
You are both incorrect.
The will is valid and you are not the sole beneficiary.
Your stepfather has survived your mum for more than 30 days so he is the beneficiary of the estate residue.
The executors need to agree if the wording in the will permits the substitution of the two properties.
It was your mum's wish that you should inherit her share of the second property.
You should speak to your aunt and hopefully she will agree with you and persuade your stepfather to act fairly.

[atticus]

on further reading, I agree with Frank's reading of those 2 clauses.

[Ellster]

Frank1 she has already tried. He won't listen. I'm aware the will lets him stay in the house, move, he gets the residue estate. I have no issue with that. I would just like him to honour Mum's wish regarding the house.

[Frank1]

It's a pity your mum's solicitor didn't draft a clause similar to

"I give to my daughter [insert full name] the full share of my interest in any residential property in which I have as my main residence at the date of my death excluding contents and possessions that I own which are bequeathed elsewhere. This gift shall apply regardless of whether such property is the same as, or a replacement for, in which I am residing at the date of making this will."