Property and clarify of a Will

[DE DOGS]

Quite so time ago, our Mum passed away, she was the owner of the house, Mum passed away, leaving in her Will the property our youngest Brother, reading "Attacus" comment yesterday, Mums will is then void as that the property should then have passed to our Dad ?. Dad passed away in very bad circumstances. The question is will the property now belong to the brothers ?.

[Manxman]

Not knowing which post by atticus that you are referring to, why do you think your mum's will would have been void and that the property should have passed to your dad? Or do you perhaps mean that the gift of the house to the youngest brother should have lapsed because he pre-deceased your mother?*

Who did end up owning the house?


*Your post is rather light on information so I don't really understand the basis of your question, but I'm aware that atticus has recently responded on a thread where a gift lapsed because the beneficiary died before the testator, so I'm wondering if that is what you are referring to...

[dslippy]

Sorry, but not a very clear explanation.

Assuming the youngest brother died before your mum, and depending on the wording of the will, the gift went either to his children, or lapsed.

If it lapsed, then the house fell into the residue of your mum's estate as disposed of by the will.
The will was not void; one part of it may have lapsed.

[atticus]

Sorry, but whatever I said has been misread or misunderstood

[DE DOGS]

Mum owned the property. Mum passed away, and the Will she wrote left the property to our youngest Brother, leaving nothing to Dad. Dad passed away quite a few years after Mum. I understood that as I read the comment by Atticus when Mum passed and left a Will that Will was void as the Property then went to Dad ?.

[atticus]

I am sorry, but I have never said anything that could allow for such a misguided interpretation.

What is the question on which you seek advice?

[Manxman]

Mum owned the property. Mum passed away, and the Will she wrote left the property to our youngest Brother, leaving nothing to Dad. Dad passed away quite a few years after Mum. I understood that as I read the comment by Atticus when Mum passed and left a Will that Will was void as the Property then went to Dad ?.

Eh?

Unless there is something of real significance that you have chosen not to tell us, your post/question makes no sense.

What comment by atticus are you talking about?

Why would your mum's will - in which she left the house that she owned to your youngest brother - be void? You need to explain why you think that might be the case. If you don't, nobody can answer your question because nobody knows why you think it might be void

The only thing I could think of that would make sense of your post is if your youngest brother died before your mother - but you haven't told us whether that has happened or not. And if it did happen, the gift to your youngest brother would lapse, it wouldn't make the will "void".

[des8]

the only way i can imagine that will to be void is if it was made before "mother" married "dad"

[atticus]

... but after youngest brother was born.

An interesting conundrum.

[dslippy]

"the only way i can imagine that will to be void is if it was made before "mother" married "dad""
That would revoke the will, not leave it void.

[des8]

"the only way i can imagine that will to be void is if it was made before "mother" married "dad""
That would revoke the will, not leave it void.

Thank you for correcting my inaccurate terminology

[dslippy]

Soprry, but the misinterpretation here has been at the core of the problem.