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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My sister has just passed away and she and I are executors

Resolved Question:

My sister has just passed away and she and I are executors to my mothers will. We are in the process of selling my mothers flat when my sister died. My mothers will states 50/50 split , what happens now my sister has passed away ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I am so sorry for your double loss
I will do my best to help you but I need some further information first.
What was the gap between the deaths and does your mothers will contain any provision that her beneficiaries had to survive her for a certain length of time?
Clare
Customer: replied 3 years ago.

Hello


 


The period of time is around 5 months


 


There was no provision re length of time


 


Thanks


 


Malcolm

Customer: replied 3 years ago.

My sister and I are joint executors of my mothers will and are in the process of selling her flat - we went through probate, my sister has sadly just passed away which leaves me as sole executor , the will my Mum made is a 50/50 share of proceeds, what happens now ?

Customer: replied 3 years ago.

Thank you


 


It was 5 months and there was no provision of time


 


Thanks


 


Malcolm

Expert:  Clare replied 3 years ago.
Hi
Does your sister leave a husband/children and did she make a Will?
Clare
Customer: replied 3 years ago.

She does have a husband and 2 children ( adults ), I assume she made a Will, apparently her brother in law is an executor of her Will as well.


 


If this automatically goes to them can I contest it ?


 


My sister and I looked after my Mum , he ( my brother ) did nothing in fact she ( my mother ) was frightened of him


 


Thanks


 


Malcolm

Expert:  Clare replied 3 years ago.
Hi
In that case her share simply passes into her estate to be distributed in accordance with her Will.
No I am afraid that you cannot contest this.
It is her money to be dealt with as she wished
Please ask if you need further details
Clare
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