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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father died recently. In his will he left his house to myself

Resolved Question:

My father died recently. In his will he left his house to myself and my brother and sister in 3 equal shares. The residual property of his estate was to be shared between we 3 plus others in 4 equal shares. However the house was sold 2 months prior to his death to be available for his Care Home costs. As I am an executor of his will what is the position as to the money raised by the sale. Has it now become part of the residual estate or does the original bequest still hold
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is the exact wording of the clause relating to the property?
Customer: replied 1 year ago.
It is to be held in trust and sold then shared, I do not have the will in front of me but as far as I am aware it was simply that the executors should sell the house.
Customer: replied 1 year ago.
My father went into aCare Homee so my brother sold the house in good faith as is was empty
Expert:  Clare replied 1 year ago.
It is the wording of the start of the clause which is crucialDoes it refer to the house alone - or does it have wording such as "or any funds received form the sale thereof"?
Customer: replied 1 year ago.
Sorry do not have it right now, I can get it in about 20 minutes and respond. Is that OK?
Expert:  Clare replied 1 year ago.
That is fine - you can add it anytime at your convenience
Customer: replied 1 year ago.
Have copy now. The first part talks about my mother who has predeceased him. The words are then.
Tustees shall then immediately hold my share together with the net income until sale and the net proceeds of sale upon trust to divide the same into three (3) equal shares and to hold such as follows.
Then it describes who gets each and in case of them being deceased then who will then receive that share, in my case my son.
Expert:  Clare replied 1 year ago.
You refer to "her share"?
Customer: replied 1 year ago.
The previous part talks about his wife and if she survives him by 28 days, which she didn'yt, and allowingher to live ther etc.
Customer: replied 1 year ago.
I have to take my wife "shoppin" as we here in the UK for the funeral of my father. We travel back by car on friday until saturday. I should be able to check emails though. Will contact you again on Monday.
Expert:  Clare replied 1 year ago.
Without seeing the Will it is hard to be certain whether or not any other protection was built in, but if not then I am afraid that the gift of the property fails and the the money from the house now simply falls into the residual estate for distribution.
Sorry to give bad news, but please ask if you need further details
Clare
Customer: replied 1 year ago.
Thanks for the reply. Don't suppose there would be any protection as the house was sold under a Power of Attorney?
Expert:  Clare replied 1 year ago.
Only if you can show that the Attorney did not act in good faith when the property was sold I am afraid
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok