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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.
it says I leave 50% to my and the remaining 50% is to be split between my brother and I
My grandmother left the bungalow 50% to my father and the remaining 50% between my brother and I.
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.
My Aunt already had her inheritance.
She put Nan into a home without her consent.
She had power of attorney of monies not welfare.
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.
She has been very underhanded about this.
She told me that the money was being invested for us
I am sorry to hear this.
Sadly, on a legal front, there is nothing you can do if she has now changed her mind.
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