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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10408
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Dear all, my elderly friend left me her flat in her will in

Customer Question

Dear all, my elderly friend left me her flat in her will in 2012, plus some money goes to her distant relatives and church. The rest of the money goes to me. In February 2014 she maid me a join tenant in the same flat. She is very weak at the moment and doctors are saying she has not got left long. What happens to the will after her death now that we became join tenants?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

As the Flat is now in your joint names, as Joint Tenants, this means that upon the first death, the whole of the property automatically passes to the other party,through survivorship.
If she were therefore to go first, you would automatically become the owner outright, and the Flat would not form part of her Estate. All you would need to do is to register her death certificate at the Land Registry and they would then update the Title to show you as the sole legal owner.

I hope this answers your question, but please let me know if you require any further clarification.

Kind Regards
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10408
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much, Al. But what about the rest of the estate (money) in the will? Does it get distributed according to the will or will is no longer valid?

Customer: replied 3 years ago.

You replied




01 April 2014 18:04(GMT/GMT)




Thank you very much, Al. But what about the rest of the estate (money) in the will? Does it get distributed according to the will or will is no longer valid?


Expert:  Aston Lawyer replied 3 years ago.

Hi Irena,

Apologies for the delay.

The Will remains perfectly valid. All it means is the clause concerning the Flat is invalid, as the Flat won't be forming part of her Estate.

I hope this assists.

Kind Regards
AL
Customer: replied 3 years ago.

Can I ask you a bit more, please. (I have subscribed for the monthly JustAnswer service).


 


I don't like the solicitor who has made the will any more - he treated very badly another friend of mine and was incompetent and greedy. In the will this solicitor and I are executors and trustees to the Will.


 


It says " Any powers given to trustees on my Will may be exercised by my Trustees before the administration of my estate is complete and before a grant of representation has been obtained" - what does it mean?


 


"The standard provisions of the Society of Trust and Estate Practitioners shall apply to this my will" - what does this mean?


 


And last question - can I use some other solicitor?


 

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

"Any powers.." just means that the Executors can do what is required to administer the Estate even before Probate is granted to them.
This clause is only really relevant on complicated Estates/where there are trusts for children, so it's not going to be relevant or anything for you to worry about, but is often put in a Will just for the sake of it.
Likewise with the clause "The standard provisions..", this is put in the majority of Wills and is purely an administrative point, in that the STEP provisions governs what an Executor is entitled to do. Again, nothing for you to worry about.

As regards removing the Solicitor as Executor, I'm afraid you won't be entitled to do this. Your friend would have to amend her Will or sign a Codicil, removing him as Executor and replacing him with another Executor, which I doubt is going to be practical/something your friend will want to do.
If the Solicitor remains as Executor, then post death, you could ask him to step down as Executor, but he is unlikely to do this, unless it is a very simple Estate where Probate is not required (this would be if the Estate is valued at under £5,000), as he will argue that he owes a duty to your friend to carry out her wishes.

I hope this helps.

Kind Regards
AL
Customer: replied 3 years ago.

Thank you for your answer. When the will was made the solicitor insisted there should be two executors and offered himself to be the second one. He said it won't cost anything. (For the will's purposes, there will be only about £13,000 to be redistributed between a relative, another friend and me.) So I understand I will need to pay him for the Probate? Or can I go somewhere else for Probate purposes? Or do it myself?

Expert:  Aston Lawyer replied 3 years ago.

Hi Irena,

Both you and the Solicitor will have to apply for Probate, so it would be normal for him, as Solicitor, to prepare the papers and for you both then to apply. I'm afraid therefore, that he will make a charge, and is entitled to make such as a charge, for dealing with this.

Kind Regards
AL
Customer: replied 3 years ago.

Thank you very much, Al. That is all and you answered my questions brilliantly. If I contact your company again, I will ask for you help. Thank you once again and good night.

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Expert:  Aston Lawyer replied 3 years ago.

Thanks Irena!

All the Best
AL

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