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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10545
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I need help with a matter relating to my late mother's

Customer Question

i need help with a matter relating to my late mother's estate
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

If you could give me a little more information, I hope I will be able to help you.

I look forward to hearing from you.

Al

Customer: replied 1 year ago.
My mother passed away in March and her will states that myself and my two siblings are joint beneficiaries. however, my mother sold the family home in 2013 for £330k and subsequently the money has been used by my siblings to buy and renovate a property which my two sister own. They have put in a claim for expenses against the estate in the region of £100k. Are the sale proceeds now lost or are they still part of the estate?
Customer: replied 1 year ago.
hello?
Expert:  Aston Lawyer replied 1 year ago.

Hi, I'm afraid the simple answer is that a Will only covers those assets owned by the deceased at the date of her death. Hence, if the property was sold during your Mother's lifetime, it does NOT form part of her Estate. I can't of course say what was done during your Mother's lifetime, but she would have had to have consented for the sale monies to be used by your siblings, and therefore you have no claim on these monies.

I am sorry this is not the answer you were looking for.

Kind Regards

Al

Customer: replied 1 year ago.
Is there not a portion that would still be under the gifts rule of 7 years?
Customer: replied 1 year ago.
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