How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10631
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

My question is about a will. I was the beneficiary in a

Resolved Question:

hi my question is about a will. I was the beneficiary in a will about 2 years ago, nearly three now. I received a monetary amount from my Uncle. He left a wish that I could use this to help my son with his studies. My son was a minor at the time . I invested the money in a share portfolio for his future, perhaps a deposit on a house at some point. I continued to help provide for him through his studies monthly. He has gained a copy of the will recently , and suddenly phoned up demanding all the funds immediately, to go off to America. He is angry that I did not disclose the information to him earlier. Where do I stand legally? Did I have to comply with the wishes in another manner, as he was not a named beneficiary? Does he have claim on all the money? And do I have to comply in any particular way? Confused now.
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.

Could you confirm the exact wording of your legacy/request that the funds be used to assist your son?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

To my friend in England Pierre Dingley I leave 1000 000 rand to help with the education of his son.

Expert:  Aston Lawyer replied 2 years ago.

Hi Pierre,

Thanks for your reply.

As the legacy is left to you, you were legally entitled to receive this money yourself and use it as you so wished. The wording that the money be used "to help with the education of his son" is merely a wish from the deceased and is NOT legally binding.

Hence, if you had NOT invested the money for your son, he wouldn't have been able to complain.

Likewise, he is not now legally entitled to receive/demand the full sum which you have been kind enough to invest for him.

Morally, you should perhaps advance some money to him for educational purposes but the amount is left to your discretion.

I hope this assists and sets out the legal position.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi Pierre,

Can I assist you any further?

Kind Regards

Al