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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My step father has been contacted by the Estates Officer of

Customer Question

My step father has been contacted by the Estates Officer of Lloyds Bank regarding a bequest of £2000 made to my mother by an aunt who died this year. My Mother’s death however preceded the death of her aunt who died at the age of 102 years of age. The estate officer has informed my step father that he is not entitled to the bequest as there was no provision in the will for it to be paid to anyone else. Is this correct? Does the bequest not form part of my mother’s estate even though her death preceded that of her aunt? If it is correct is there a cost effective way of challenging this.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify for the avoidance of doubt that the aunt you refer to is your mothers aunt or your aunt please?

Customer:


Hi Joshua, the "aunt" is actually my grandmothers cousin

Joshua :

Thank you. unfortunately, what the bank officer has told your stepfather is correct. legacies left in a well to someone who predeceases the testator (the person making the will) fail in the absence of any contrary provision in the will stating otherwise and fall into the residue of the estate to be divided between the residuary beneficiaries. There are one or two exceptions to this, most notably where legacies are left to a child of the testator but unfortunately, from what you say, this is not the case here

Joshua :

is there anything above I can clarify for you?

Customer:

Many thanks for your help

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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