How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 791
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

Our,(my sister and I) mum was in a home and we had a deferred

Resolved Question:

Our,(my sister and I) mum was in a home and we had a deferred payment scheme in place with the council for the property she owned, and we were brought up in helping her run and maintain it. Part of the contract was to maintain the property. as it was old and needed more and more done to it, we were not able to keep it going so sold the house. we also had problems with people trying to break into the property and also sleeping rough in the back yard, not very nice for the neighbours. The fund has stayed in a seperate account to keep it seperate as proceeds of the property. Only 4 months later she has died and her will has now proved very unclear, it quotes that the property is to share between the two of us, but any money shared between us two and three half siblings from a previous marriage, who have never had any link with the property.We were in a no win situation. We have now had a letter stating that as mum sold the property it is now money, even with this situation. can you help
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

If the will is as yo say it is then you are in a situation where the literal meaning of the will is clear (money to be divided between 5) but the intention of your mother may have been different to this (you and your sister to share proceeds of property sae and the remainder of the estate to be shared between 5). Was the will drafted by a solicitor. If so, it is his job to anticipate future events and to make the will unambiguous. What is the value of the estate and what is the value of the property sale proceeeds?

Customer:

mum had very little money and he monthly income was paid out to cover the home what she could pay, and the rest was what the council was deferring payment. so £1,000 estate and property sale £40,000 (house sold for £50,000 but we have had to pay £10.000 owed to council so £40,000 in proceeds.

LondonlawyerJ :

It seems the central problem here is that the will appears ambiguous. Was it drafted by a solicitor?

Customer:

yes

LondonlawyerJ :

OK, then it should not be unambiguous and should reflect your mother's wishes. Do you have any letters between your other and the solicitor about the will. In particular is there an advice letter explaining the will?

Customer:

The will is with Denison till sol of york, as mums account was with barclays we have been put in touch with corus law who are dealing with this. when reading the will their answer was as stated in my first e-mail however as they keep stating" as mum has sold the property it is all money", however, they will not accept that mum was at the later stage of her life and the house was still in the same sistuation of her intention as she would have no reason to sell. we were in this situation because of the reasons i have already mentioned.corus law has been in contact with denison and till for the original copy but no other paperwork

LondonlawyerJ :

Do you have a copy of the will?

Customer:

yes

LondonlawyerJ :

Can you juts tell me how Corus law have got involved. I am guessing that you and your sister will be the executors and/or perhaps a solicitor appointed under the will. It seems to me that with £40,000 at stake it is worth you and your sister getting some advice on the construction of the will from a solicitor face to face in the orthodox way. The starting point is that what is said on the face of the will is what will be done. It may be that your mother was advised she should change her will following the sale of property abut didn't do this. If this is the case then you will be losing out I am afraid.

LondonlawyerJ :

It may be that the solicitors who drafted the will failed to follow her wishes and in this case you may want to look to them for compensation. (this is why I asked if you had any letters between your mother and the solicitor). In short you need advice on will as a whole. You may be able to get things clarified in a single meeting and know whether it is worth fighting over The fee for this will vary but I doubt it would be over £500 outside of London. It will not be possible to give you a definitive answer to your question on this forum which is not designed to deal with analysis of complex documents.

LondonlawyerJ :

I hope this answer is helpful and I would be grateful if you would please rate my service to you. This will not close the question and I will continue to answer further questions.

Customer:

yes, you are correct that me and my sister are executors of the will As stated mums account was with barclays who advised us that due to the value we needed probate, we were provided contact by them with simplify, who after going through all the details he recommended Corus law to deal with all affairs.When you mentioned mum changing her will after selling her property. we sold the house due to cicumstances not mum.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 791
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice