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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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Our,(my sister and I) mum was in a home and we had a deferred

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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: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 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.

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