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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10534
Experience:  Barrister 17 years experience
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I have a will and want to clarify the meaning of one part of

Customer Question

I have a will and want to clarify the meaning of one part of it. It reads as follows.
I give and bequeath all my interests in farmlands and buildings at....address....to such as my sons Robert.....and John....names withheld..as shall survive means if more than one in the shares agreed by them and already in their respective occupations absolutely Provided that if neither of my said sons shall survive me then to such of the children of my son John ....as shall survive me and if more than one in equal shares absolutely.
Robert is my brother and I am John. My farther kept land and a house in his name because he distrusted my sister in law. My brother not being very intellectual, my farther kept it in his name to protect him. He was a farmer. I bought his farmhouse and he let my brother live in the bungalow they had built together with my grand farther.
I own my house but a plot of land adjoining my house is the land in question along with the house and land that my brother lives in. We are entering probate for the will and evaluation is happening next week. My sister in law is now claiming the house and land as hers and my farther had given it to them. Solicitors are continuing with probate and dismiss her claims as its registered to my farther and she has no proof. ( because it's not true)
I say it belongs to Robert and myself to decide what to do but keeping boarders where they are. Robert and his wife say it's theirs..
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, the situation here is that both yourself and Robert own this bungalow as well as all other buildings and farmland as set out in the will. It is not correct, as your brother and his wife suggest, that they own this piece of property which has remained for all these years in your father's name. This property devolves in accordance with the will to yourself and your brother. YOur brother and his wife do not magically come to own something that has always been in your father's name. In order for any transfer to be valid it must conform with the Statute of Frauds, which requires that it be in writing and set out the parties involved, the parcels of land involved and the principal sum involved in the transfer. Here there is none of these things, so the will governs any transfer from your father. This is to yourself and your brother. So you can decide between the two of you what you want to do with the property.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the answer as unless you Rate the Answer your Expert receives no share in the monies you have paid the website so there is no incentive to answer any further Questions from you.
Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. I sent a reply but just answer keeps asking me to rate and I did.
The part in the will that says .....
In the shares agreed by them and already in their respective occupations.
That is the confusing part..
Expert:  Buachaill replied 1 year ago.
3. In order for this part of the will to be operative "in the shares agreed by them" there would have to be shown there was some prior agreement whereby yourself and your brother agreed what shares you were to get. Otherwise, this phrase is simply inoperative and equal division applies. The second part of the phrase "and already in their respective occupations" does not have any particular relevance other than if there was a dispute, then evidence can be lead about what your respective occupations were and how this might affect matters.

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