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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10234
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Will beneficiaries

Customer Question

Will has the full name of beneficiary but not their address.

Also authors nieces are given as beneficiaries but not specifically named

Will cannot be changed as author has severe dementia. Is the lack of address for named beneficiary or lack of names for nieces an issue?

Executor (me) knows each of the beneficiaries and can identify them.

Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

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

There is no issue with there being no address for the beneficiaries in the Will- an address is only put in a Will to assist an Executor in finding the beneficiary.

As regards ***** ***** to "the nieces", provided you know exactly who they all are, again there is no issue. Ideally their names should have been mentioned, to avoid any possible problems as to the identity of the nieces, but if you are confident you know who they are, that's fine.

I hope this clarifies matters for you.

Kind Regards

Al

Customer: replied 1 year ago.

Just one other thing - the will is of 2 pages stapled together, correctly signed and witnessed on page 2. No initials or signatures on page 1.......Any issues with that?

Expert:  Aston Lawyer replied 1 year ago.

Hi,

The Probate Registry may ask for a declaration from one of the witnesses (if they are still alive) to say the Will produced does represent the same Will which was signed by the Testator (ie no pages are missing from the Will which was signed).

Unfortunately, a Will should never have stapled pages!

Hope this helps.

Kind Regards

Al

Customer: replied 1 year ago.

The will is typed and clearly marked Page 1 and 2. I am not aware that it should not be stapled, only that it should not have been unstapled and restapled. If it was not stapled surely a new page 1 could be substituted as it was not signed............

Expert:  Aston Lawyer replied 1 year ago.

Hi

Provided each page is numbered, that will be fine.

As regards ***** ***** if a Will is more than 1 page long, we Solicitors make sure it is done on two sided paper or bound by ribbon. Stapling should therefore be avoided, but as I have said, if each page is numbered, that will be fine.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10234
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Al,

Bit trickier question this time.

Basic facts are that the gentleman in the marriage leaves everything to his wife and she leaves everything to him They are joint owners of a house however, she is in a home with continuing health care and he has recently been diagnosed with Stomach cancer and given 3 months to live. He is now in the same care home.

Both wills state that the house is left to a named niece by whichever is the last survivor.

But, and here is the question, it is probable that the lady will be the last survivor. The house is currently empty.

Is it possible to sell the house on the lady's behalf (I have POA) and the niece to receive the proceeds as a cash sum on the lady's death or must it be as the will states 'The property at................' is left to...............

Problem is that if NHS say the lady has improved and will no longer fund her then she must sell the house to pay the fees anyway.

Nutshell.............does it have to be the property that the niece receives or can it be the property realised to cash and put in the lady's account.

Sorry for the rambling.

Expert:  Aston Lawyer replied 1 year ago.

Hi again,

Thanks for getting back in touch.

However, would you mind please re-posting this as a new question.

Thanks

Al

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