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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Aunt died and had a will which i am the Executrixand the

Customer Question

My Aunt died and had a will which i am the Executrixand the sole trustee of the will she left the sum of $20,000 to her brother all thr rest and residue of her Estate wheather real or personal and wheresoever situate that she may die seized of or intitled to onto me the will also says in addition to the powers which my trustee, me,may have at law she shall also have the following powers,She direct that the trusteeof this, my last will and Testament,shall be competent to act for the purposess hereof and for the receipt of capital monies also she direct that all income received after my death shall be treated as income of my estate regardless of the period to which it relates my question is one of the funds her brother was the name beneficeiary in that account dose he get that money or do I
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.
What was the value of the estate?
Customer: replied 3 years ago.

Value of the estate is $418,269.38

Expert:  Stuart J replied 3 years ago.

Is this in the UK?

Can you please give us the exact wording of the will as it is virtually impossible to follow it as you have written it, sorry.

 

 

Customer: replied 3 years ago.


the last will and Testament of my Late Aunt

I hereby nominate constitute and appointmy Niece to be the Executrix and the sole trustee of this will

I direct my Executrix to pay all of my just debtsfuneral and testamentary expenses in a timely manner after my decease

I give to my brother the sum of $20,000 for his own use

I give devise and bequest all the rest and residue of my estate

In addition to the powers which my trustee may have at law she shall also have the folling powers

I direct thatthe trustee of this my last will and testement shall be competent to act for the purposes hereof and for the receipt of capital monies I direct that all income received after my death shall be treated as income of my estate she had a fund account with money in it but the name beneificary in that fund was her brother so dose my father get that money along with the $20,000 or do i get it when she left all her estate to me

Customer: replied 3 years ago.


im waiting on your reply

Expert:  Stuart J replied 3 years ago.





I'm sorry, but this is not an instant service because we are
all solicitors

in practice. We all have clients and court and other users on this site and

travelling and weekends and evenings etc. So sometimes you may get a response
in minutes, sometimes it will be hours.


For some reason, the last sentence has gone
all gobbledygook again and you have mixed the question with the facts of the
will which once again, makes it very difficult to read.

You are fair to also have
missed something out after the sentence which says "I give devise and bequest
all the rest and residue of my estate..."



Please confirm that you
are in the UK. Is this a home-made will or was it done by solicitors?

Expert:  Stuart J replied 3 years ago.
This shows in my inbox as waiting for attention from me. I am unable to
assist further until you clarifies the facts.
Expert:  Clare replied 3 years ago.
Hi
Do you mean that one of the assets was an account held in joint names with her brother?
Claire
Customer: replied 3 years ago.


Yes this is what i mean

Expert:  Clare replied 3 years ago.
Hi
Do you know why the account is in joint names?
Claire
Customer: replied 3 years ago.

Thank you for your help but i think im better of going to a solicitor where they can read the will and i can explain my self better face to face


Thank you for your time


Kind Regards


Linda

Expert:  Clare replied 3 years ago.
Hi
What I can say is that any accounts held in joint names will automatically pass to the surviving holder unless it can be proved that there was a clear agreement that this would not happen
On the basis of what you say that money passes to her brother OUTSIDE of the will
I hope that this is of assistance
Claire

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