Will Wording Help!

[Ellster]

Hello,

I'm hoping somebody can help me.

My Mum's second husband is contesting her will, i am her sole beneficiary. He says the will is not valid as it states their old address (my Mum did tell the solicitor their new address in writing and i have a copy of that letter and their acknowledgement). However, I'm struggling with the wording of the will. It says:

'property known as **** and all other (if any) my interest therein ("the property") to my Executors to hold the same upon and subject to the following trusts and provisions'

Please can anybody help explain to me what this means!

[atticus]

The use of an old address does not invalidate the will.

The "following trusts and provisions" are what the executors are to do with the property.

[PallasAthena]

If you change address after signing a Will you are not required to amend the Will or record the new address in the Will.

[Ellster]

His argument, and apparently that of his solicitor, is that as the old address is stated in the will wording (as above) that this will does not transfer over to the new property!

[HariSeldon]

I think the poster means that the will itself specifically names a property that mum no longer owned as mum moved to a new address after making the will.

However the clause "'property known as **** and all other" should cover the new property at the new address depending on the full wording of the clause, as of course taking a snippet in isolation can lead to incorrect assumptions...

[PallasAthena]

Ah, I see what you mean HariSeldon . I understood Ellster to be referring to the preamble to the Will - "This is the last Will and Testament of me Mrs XYZ of 123 High Street ....." - and that was the address that had changed, where the testator lived at the time the Will was made, but I may be wrong about that.

But I think you may be right, it's the property that is being disposed of in the Will, by the clause quoted, that has changed. It seems that property was no longer owned by Ellster's mother when she died. She had sold it and acquired a different property. That may be a different matter from changing the address in the preamble.

Perhaps Ellster can confirm this point

[Ellster]

Hello, yes it is the property being disposed of in the will that has changed.

The will reads:

3. I GIVE free of tax all my, share and interest in equity as beneficiary tenant in common in the proceeds of sale and in the net rents and profits until sale of the freehold Property known as ******** and all other (if any) my interest therein ("the Property") to my Executors to hold the same upon and subject to the following trusts and provisions:

As I said, my Mum contacted the solicitors when she moved to tell them. They advised her to put it in writing, which she did. They then acknowledged this and said the change of address would be filed with her will. She thought she had done everything right.

[atticus]

I see. The wording of the original post suggested something else, as per PallasAthena in paragraph 1 of post #6.

If at the person's death he/she no longer owned the specific property left on trust, that gift fails: it does not transfer to any other property.

[atticus]

Do you have the correspondence with the solicitors when she told them of the change of address? It might be worth investigating whether they should have given different advice.

[Ellster]

atticus yes I do. I have copies of both my Mum's letter & their response. I am just at a loss as to what to do next.

[Frank1]

"subject to the following trusts and provisions " in the will.
Posting the wording of the trusts and provisions may help.
Did your mother make her will before or after remarrying?
Did she own the second property as tenant in common?

[atticus]

Can you post the wording of your mother's letter to the solicitors and their reply?

[Ellster]

Thank you for getting back to me

My Mum wrote her will after they were married.

Both properties were owned as tenants in common.

The wording of the trusts and provisions are as follows:

While my Husband ****** remains alive and desires to reside in the Property and keeps the same in good repair and insured comprehensively to its full value with insurers approved by my Executors and at no cost to my Executors and pays and indemnifies my executors against all rates, taxes and other outgoings in respect of the Property my Executors shall not make any objection to such residence and shall not disturb or restrict it in any way and shall not take any steps to enforce the trust for sale upon which the Property is held or to realise my share therein or to obtain any rents or profits from the Property

(ii) Subject as aforesaid mv Executors shall hold the same as to both capital and income UPON TRUST for my daughter **** absolutely provided always that if she shall have died in my lifetime leaving children living at my death who go on at attain the age of 2l years such children shall take by substitution and if more than one in equal shares absolutely the share of the Property which she would have taken had she survived me

ii| If the said **** shall at any time request my Executors to sell the house and garage and anv dwelling house or flat purchased in lieu thereof pursuant to this clause my Executors shall do so as soon as practical thereafter and shall at the like request of the said **** apply aII or any part of the net proceeds of the sale in the purchase of another house or flat selected by him whether Freehold or Leasehold but if Leasehold not having less than 80 years unexpired and any house or flat so purchased shall be assured to my Executors UPON TRUST to sell the same and the provisions of sub clauses (i) and (ii) of this clause shall apply thereto as they apply to the house and garage and my Executors shall hold the same upon the trusts declared by this Will in relation to my said house and garage and the proceeds of sale thereof

With regards to the letter Mum sent to the solicitor:

Dear ****

Re: **********

Further to our conversation this morning , we wish to advise you that we have rnoved from ****. Please accept our apologies for the oversight in not advising you earlier.

Our present address **** . Please could you kindly amend our address to our current address, as above.

(this letter was signed by both my Mum & her husband as the solicitor held both their wills).

The solicitor responded:

Dear ****

Re: Wills

Further to our recent telephone conversation and your subsequent letter with your new address, this is to confirm that your letter has been stored in both Wills. Our database has also been updated.

@FRANK1

atticus

[atticus]

What was the date of the wiil?

And the dates of the letters?

[Ellster]

atticus

The will was dated 2009 & the change of address 2019.