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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10233
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi Please advise. I recently spoke to a Just answer solicitor

Resolved Question:

Hi Please advise. I recently spoke to a Just answer solicitor re this matter My aunt died recently and has left some £38 000 which is a complete shock as she was a bit of hermit and lived in a hoarder's paradise. She did not leave a will though I am aware what her wishes were. My last communication was concerning making a will when my aunt was still alive. If I apply and get probate I will be required to split the money in equal shares with my 3 cousins who would be equal beneficiaries as we are 2 neices and 2 nephews and there are no other relations or spouses. Aunty wanted her monies or some of it to go to certain charities and to her carer and her neighbour who has done so much for her over the last decade or so. I agree with that. I am fairly sure my cousins will agree with it as well and they will no doubt be stunned to know she had much money as I was.
My question is therefore - if I or one of my cousins obtain probate and take an oath to agree to distribute the money according to the law, can we make an agreement amongst ourselves to give some of the money to charity and to the carers without that in any way being illegal. ?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
As your Aunty did not leave a Will, then one of the next of kin (ie yourself) will need to apply for Letters of Administration (which is the same as Probate, but is the phrase given to the Court Grant where someone does not leave a Will).
Provided all the beneficiaries are in agreement, you are free to distribute some of the Estate tot he other parties your Aunty wanted to benefit. Legally, to make this all above board, you all will need to sign a simple Deed of Variation. This document should be prepared by a local Solicitor for which they are likely to charge approx £300 and will set out how much money is passing to these third parties and is then signed by you and the other family beneficiaries.
If you do not want to go down this route, which you should do really, you can all informally agree to pay a proportion of your entitlements to the specified third parties.
I hope this assists and sets out the legal position to you. However, please let me know if you require any further clarification.
Kind Regards
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10233
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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