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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25429
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My father states in his will that he wishes the proceeds of

Resolved Question:

My father states in his will that he wishes the proceeds of his house be split equally among his family but he did not actually own the house.Has this any legal standing?
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 ask if he goes on to state in his will what he wishes done with the remainder of his estate please?

Customer:

He wishes it equally split among his children

Joshua :

Thanks. Does it say as much in his will?

Customer: Yes it does
Joshua :

Thank you.

Joshua :

The gift regarding the house will adeem (fail) because your father from what you say did not own a house at the time of his passing.

Joshua :

Accordingly this gift will be ignored and, notwithstanding any other gifts which your father left in his will, the estate will be distributed under the residuary estate clause which provides from what you say, that the estate is distributed between his children, presumably in equal shares

Joshua :

in respect of any will, a person can only leave what he owns at the date he passes away and therefore if the gift is left in will relating to a specific item or property which does not exist in the estate at the time of the testators passing, that gift adeems (fails) and is disregarded for the purposes of the will. however, any other gifts and legacies in the will remain unaffected.

Joshua :

is there anything above I can clarify for you?

Customer:

Thank you ,that answers my question completely

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