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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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my great aunt bought a bungalow with 2 work mates ,she put

Customer Question

my great aunt bought a bungalow with 2 work mates ,she put in her will that her share of the property was left to her brother,but said the other two mates are to be able to live in the property until they die, my aunt died first her brother next then the two work mates,in the will my aunt said if her brother had died before the others then her share would go to her 2 named nephews in equal shares, her brother died intestate,he had three brother but they are all deceased,what happens with the proceeds of the property sale
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is the value of the assets in question please?
Customer: replied 3 years ago.

£89000

Expert:  Jo C. replied 2 years ago.
Thanks.

There was a provision in the will that if your aunt's brother died before she did, the brothers share went to the nephew and niece.

Provided the nephew and niece are still alive the nephew and niece get one third and the two friends keep their third each.

However the nephew and niece who have 1/6 each cannot force a sale because the two friends have the right to live in the property for life.

Does that answer the question?

Jo
Customer: replied 2 years ago.

my aunt died before her brother in 1968 her brother died after her in 1976 and the last of the two workmates died 2012,the nephews in the will one of them died 2009 the other is still living.i am the son of the nephew that has died,the property is up for sale.

Expert:  Jo C. replied 2 years ago.
Thank you.

That appears to be different than the original question.

It would probably be necessary to see your aunt's will and to see her brother's will.

However from what you've said these are my views. Your aunt left a will leaving the property to your brother who was still alive, but with the provision that if he had died previously, it would go to a nephew and niece. However he had not died and therefore he inherited the bungalow. The aunt cannot specify what happens to it after her brother's death once he has inherited the property.

Your aunt's brother then died. The two friends no longer have a life interest because they have died.
The property then passes in accordance with the brothers will or if he has no will, in accordance with the rules of intestacy.

If he left no siblings and no parents and no children, the rules of intestacy which you will find here,

http://www.graysons.co.uk/wills-intestacy.html

but he did have siblings who had predeceased him, and his share is divided equally between his siblings children, nephews and nieces

Customer: replied 2 years ago.

looks like it will go to his brothers but they are now all dead they were all born about 1890,so will it go to all the brothers children in equal shares,what happens if some of them are dead will there share go to there children

Expert:  Jo C. replied 2 years ago.
Yes, it passes down the line dividing as it does so.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

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