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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If a UK Will specifically references a property, which is

Customer Question

Hi, if a UK Will specifically references a property, which is subsequently sold and the proceeds used to purchase a new property, does the intention set out in the will automatically transfer to the new property?
Submitted: 1 year ago.
Category: Law
Expert:  chatham-chamber replied 1 year ago.
Hi,This is arguable. I am of the opinion that it does not as if it was indeed the case, the testator would not have referred to the property in such detail.When drafting a Will, I suggest to my Clients to be as general as possible unless they wish to amend their Wills every time the sell or purchase an asset.Only a court will be able to decide whether the intention of the party was to include any other or subsequent properties.I hope this answers your question. If so, kindly rate the answer and provide feedback.If you have any further questions, please do not hesitate to ask.Kind regards
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** i have been a solicitor for more than 30 years.In fact the matter is not arguable.If a specific property is named and that property is no longer owned at the time of death then the gift fails.If the testator wishes the gift to "transfer" to a different property if appropriate then the Will should say so.Clare