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Will terminology

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  • Will terminology

    Please can anyone explain will terminology. I am enquiring on behalf of a friend whose mum passed away 10 months ago. Her mum left a will dated 2004 and her brother is the only one named and apparently all their parents assets are inherited by him. She is so distraught, yes i understand a monetary aspect but she has explained that its like she hasn't existed. Not at all recognised. Not named in any way. I've looked at will and i don't understand it.
    it states "I appoint my son ??name?? to be sole executor and trustee of my will. It follows "I give all property of every kind to my trustees UPON TRUST for my trustee to sell; convert into money or with power to postpone sale at their reasonable discretion as they think. Follows again saying pay taxes bills etc out of estate and hold any residue sums unsold (my residuary estate) UPON TRUST for the said ???brothers name.
    What the F does this mean. Anyone????
    Tags: None

  • #2
    It's always hard to give a definitive answer without seeing the whole Will but from what you quote it seems your friend's mother left everything she owned to her son and appointed him her sole executor.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      My analysis of the F that this means is as follows.

      All the deceased person's estate is given to the trustees of his or her will. The rest of the will contains details of how the trustees are to deal with the estate, but from what little you have chosen to say, it appears that after paying the deceased's debts etc the brother inherits everything.

      This is subject to consideration of the full terms of the will.

      ​​​​​
      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

      Comment

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