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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My grandmother just passed and left me her bungalow. However,

Customer Question

My grandmother just passed and left me her bungalow. However, my aunt had power of attorney and sold the property just prior to her death.
She now says that as bungalow now sold and converted into cash I will no longer inherit and she will keep "250K
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.

Could you please confirm the exact wording of your legacy of the property, in the Will?

Does the clause just say "I leave my property known as xxx to my grandchild Y"?

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 1 year ago.

it says I leave 50% to my and the remaining 50% is to be split between my brother and I

Customer: replied 1 year ago.

My grandmother left the bungalow 50% to my father and the remaining 50% between my brother and I.

Expert:  Aston Lawyer replied 1 year ago.

Hi Sarah,

Thanks for your reply.

A Will only comes into operation on that person's death and only relates to assets held by your Grandmother at the date of her death.

Therefore, I am afraid to say that as you have been left a specific legacy of part of the bungalow, this legacy to you and the other beneficiaries fails as the bungalow had been sold during her lifetime.

Only if the wording to the legacy included the words in capital "I leave my bungalow OR IF IT HAS BEEN SOLD DURING MY LIFETIME,ANY REMAINING PROCEEDS OF SALE FROM IT to X Y and Z" would you be entitled to claim your percentage share.

Accordingly, the monies from the Sale of the bungalow fall into the "residuary Estate" and passes to this/these beneficiaries (ie the ones who have been left the percentage of the Estate).

If all the residuary beneficiaries are in agreement, the terms of the Will can be amended so that you and your brother do indeed receive some money, but they all have to agree to this, and they are not under any legal or other duty to agree to do this.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Customer: replied 1 year ago.

My Aunt already had her inheritance.

She put Nan into a home without her consent.

She had power of attorney of monies not welfare.

Expert:  Aston Lawyer replied 1 year ago.

Hi Sarah,

I am afraid I can't really comment on what happened during your Nan's lifetime. Unfortunately, if the bungalow was sold before she died, the legacy to you fails.

I am sorry.

Kind Regards

Al

Customer: replied 1 year ago.

She has been very underhanded about this.

She told me that the money was being invested for us

Expert:  Aston Lawyer replied 1 year ago.

Hi Sarah,

I am sorry to hear this.

Sadly, on a legal front, there is nothing you can do if she has now changed her mind.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi,

If I have assisted you, I would be grateful if you could rate my answer.

Thanks

Al

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