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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My father recently died and his carer who lived in the flat

Resolved Question:

My father recently died and his carer who lived in the flat with him was not left as much as he always promised he would leave her in the will. Me and the other siblings are happy to "top" it up as long as she leaves the flat with all of her chattels by 28 february as this is the date we were told to clear the flat by our solicitor. I she or her friend (who she sublet to to help her with the bills after dad died) does not leave by that date we will not top up - she only gets what he initially left her in the will. Furthermore we want to say that any money the we do eventually give her will be reduced by any legal fees should we beforced to take legal action to remove her, her friend or her chattels from the flat. does tis make sense?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry.

What you say does makes sense and is a fair way to go about things. I am sure she (and hopefully her friend) will do their best to get out by the end of this month if there is this financial incentive.
The one thing I would say, however, is that in the unfortunate event of you having to take action to evict them. then any legal costs can't be deducted from the legacy she has been left in your Father's Will. Furthermore, if you were implying that any legal costs would be deducted from the extra money you were planning to give her, I wouldn't necessarily mention this point specifically- If I were you, I would just tell her that she and her friend moves out by the 28th Feb, and you will make sure she receives an extra £x, and if she doesn't vacate by then, she will just receive her entitlement as per your Father's Will.

I hope this assists, but please let me know if you want any further clarification.

Kind Regards
AL
Customer: replied 3 years ago.

OK that sounds good but what I need is a form of words that I can put in a letter. I am pretty sure that the solicitor dealing with the estate (executor is my cousin) will write to each of the siblings and we will have to put something in writing saying we are willing to give her 2000 from our but only under the circumstances I have described. I don't want us to be obligated to pay if she doesn't play ball so what I need is a form of words that will work.


 



can you give me something that will work that a solicitor cannot slip through?

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

No worries-

Dear Y,

Further to previous discussions, our Solicitor has asked us to confirm that the Flat will be emptied and you and Z vacated, by 28th February.

In anticipation of your assistance and as a token of our appreciation for it, provided you and Z have vacated the Flat and taken all of your belongings, by 28th February, we would be happy to pay you an extra £2,000 in addition to the legacy bequeathed to you in our Father's Will.

I trust this meets with your approval, and would be grateful if you could confirm just as soon as possible that you and Z are intending to vacate by 28th February.

Kind Regards
A and B


I have tried to keep the above letter in layman's talk- but it is 100% clear that the extra £2,000 is conditional on them both vacating by the 28th.

I hope this helps.

Kind Regards
AL

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Customer: replied 3 years ago.

many thanks for your help this is perfect. hope you have a good evening - thanks to you I most certainly will.

Expert:  Aston Lawyer replied 3 years ago.

Many thanks!

All the best.

Kind Regards
AL