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 Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

An elderly relative wrote his own will and tells me he left

Resolved Question:

An elderly relative wrote his own will and tells me he left his estate to 3 charities and a friend. The friend then arranged for him to see a lawyer and took him there and they wrote a will for him leaving all his residual estate after expenses in a trust...
1. My trustees shall hold my residuary estate in trust for my friend -named- of -address - absolutely
2. IF the trust declared in the preceding clause should wholly fail or determine my trustees shall hold my residuary estate upon trust for the following charities in equal shares absolutely
3 charities are then named.
He told me that he can't find the original hand written instructions now, so I can't check what he wrote, but he definitely thinks that he has left a lot to charities. I may be reading this incorrectly but I don't think he has. Please can you explain the wholly fail or determine, because it looks to me as though the charities only receive their bequests if the person named in 1 dies.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear S, if this is the wording of the will, then there is no doubt but the named friend takes absolutely with the trust to the charities only taking hold if the friend dies. Otherwise the charities have no interest whatsoever. The use of the word "absolutely" means that the friend can do what they want in relation to the monies left to them. The charities are only given a gift in default of the friend getting it. So, you are correct in your assumption that this is the case. This is a markedly different will than the first will written. It gives the friend the absolute interest in what is left to him. This is the case even though trustees are named.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the Answer as unless you Rate the Answer your Expert receives no payment for answering your Question.
Customer: replied 1 year ago.
Many thanks. I suspected that was the case but wanted to check. No-one knew that this "friend" had taken him to a solicitor, but in conversation with me quite a long time ago he asked whether if you wrote your wishes in a will for charity whether it would be paid. I dismissed it really and said of course, the executor would do it, but now I wonder whether he was a little suspicious himself.
Will a new will stating the usual revoke all former wills etc be enough to put the money where he wants it to go?
Expert:  Buachaill replied 1 year ago.
3. Yes, a new will, stating that all previous wills are revoked will be good in law to allow him to will the money to who he wants. This will revoke this current will.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks. Can sleep at night now- or when I get the new one done.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions