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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
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Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Below is a line from my Late Uncles Will. He was a farmer.

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Below is a line from my Late Uncle's Will. He was a farmer. Please explain what all this entails.

"I devise and bequeath the residue of all my lands to my said nephew and Executor Joe Bloggs absolutely."
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

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

It's not the best drafted clause, in that it refers to "lands" as opposed to " Estate".
(Normally, such a clause would say "I give devise and bequesth the residue of my Estate to X" which means that apart from any specific legacies mentioned in the Will, everything else passes to X).

As the clause says "the residue of all my LANDS",this means that apart from any other property/land which he has specifically left to anyone else earlier in the Will, that whatever land is left over is to pass to Joe.
eg if his Will says- I leave 5 acres of my property known as XXX to Mr Y, and at the date od death he owned 15 acres, then Joe is entitled to the remaining 10 acres.

I hope this assists you and answers your question.

Kind Regards
AL
Customer: replied 2 years ago.

Would the clear intention of the Will not be interpreted as being "estate" and would livestock and machinery not fall in under "residue of all my lands".

Expert:  Aston Lawyer replied 2 years ago.

Hi again,

It all depends on what other clauses there are in the Will.

Is the "residue of all my lands" the last clause in the Will?

Could you briefly confirm what other clauses there are in the Will?

Thanks
AL
Customer: replied 2 years ago.

Clause 1 = Was the first question/scenario ie All Lands etc


Clauses 2, 3 & 4= Devise & bequeath all his money to 3 other parties. That's it


 


No more mention of any property, animals or pet dogs etc

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

Although it is not a well drafted Will, you have to look at what was intended by your Uncle.
On the basis that there is only these 2 clauses, it is clear that Uncle wanted the 3 parties to have his money.
As Clause 1 therefore refers to his "lands" it would be reasonable to expect this to include all items on the "lands".

I must say, however, if anyone was disputing who is to get what from your Uncle's Estate, it would be done to the Court to decide if indeed your Uncle intended the above to happen. As I have said, my opinion is that because there are no further clauses in his Will, it was your Uncle's intention to leave his money to the 3 and whatever was left to the Executor.

I hope this helps.

Kind Regards
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10349
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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