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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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My father has been left some in his aunties will. ...It

Resolved Question:

Hi
My father has been left some in his aunties will.
...It states flat 1 +2 a garage and the freehold of the property. There is a flat 3 that is leased to another occupier. Leases in 1986.
On investigation flat 2 and the building is freehold and flat 1 is a leasehold -rented out. The probate solicitor has informed us that as flat 1 is a leasehold it will go to the state and not to me father. I have checked and it seems common to have another flat on leasehold due to splitting expenses for tax efficiency.
We are very confused. Can you help?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
flats.. left this out and sorry about the typo's
Customer: replied 1 year ago.
My father has been left some property in his aunties will. ...It states flat 1 +2 a garage and the freehold of the property. There is a flat 3 that is leased to another occupier. Leases in 1986. On investigation flat 2 and the building is freehold and flat 1 is a leasehold -rented out. The probate solicitor has informed us that as flat 1 is a leasehold it will go to the estate and not to my father. I have checked and it seems common to have another flat on leasehold due to splitting expenses for tax efficiency.
We are very confused. Can you help?
Expert:  Buachaill replied 1 year ago.
1. I am not surprised that you are confused. The solicitor's advice is wrong. The flat 1 follows the terms of the will and goes to your father. It does not go to the State. That is incorrect. I don't know where the solicitor is getting that from. All assets devolve according to the will. There is no such thing as the State getting a flat. There may be tax on the estate if it exceeds £325,000. However, that is a different issue. Here flat 1 devolves according to the terms of the will to your father. There is no way it goes to the State.
Customer: replied 1 year ago.
Hi
I put estate. Not the state as quoted. the question asks as the second flat is a leasehold within the freehold block he solicitor states it does not go to my father but to my aunties estate.
Sorry re the confusion. Kindest regards
Expert:  Buachaill replied 1 year ago.
2. Sorry for the confusion. Again the interpretation of the will by the solicitor does violence to the words of the will. The correct interpretation is that your father can have flats 1 &2 and the freehold. It makes no difference that the flats are leasehold or freehold. What the will says governs. The will cannot be re-interpreted just because of the different interest - leasehold or freehold - upon which either might be held.
Customer: replied 1 year ago.
Thank you so very much.
Kindest regardsjackie
Expert:  Buachaill replied 1 year ago.
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