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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If farther inlaw goes in to home and house has to be sold to

Customer Question

if farther inlaw goes in to home and house has to be sold to help pay care fees what happens to money left over will saids 75 to me and 25 to brother of house
Submitted: 5 months ago.
Category: Law
Expert:  Aston Lawyer replied 5 months ago.

Hi, thanks for your enquiry. Just so I am straight, could you please confirm that your father in law's Will includes a specific legacy stating that his house should be divided 75% to you and 25% to brother. If you have the wording of the legacy, that would be great. I look forward to hearing from you. Al

Customer: replied 5 months ago.
it says 75 me 25 brother
Expert:  Aston Lawyer replied 5 months ago.

Hi, thanks for your reply. If the Will states, as a specific legacy, that the house is to pass 75% to you and 25% to brother, then if the house is sold during your father in law's lifetime, then the legacy fails unless the Will also states that you both should receive 75/25% of any monies left over from the Sale of the house, if it has been sold before death. It is unlikely that the Will will say this. If it does not, then whatever monies are left by your father in law when he dies will be divided between the residuary beneficiaries (a Will often states that, for example" I leave my property between x and y, and whatever is left in my estate shall be divided between A and B. In this example A and B are the residuary beneficiaries). I am not clear if you are also a residuary beneficiary. Pleasetherefore let me know if you need any clarification. Kind Regards Al

Expert:  Aston Lawyer replied 4 months ago.

Hi Malcolm,

Can I assist you any further?

Kind Regards

Al

Expert:  Aston Lawyer replied 4 months ago.

Hi Malcolm, please don't forget to rate my answer if I have helped. Thanks Al

Expert:  Aston Lawyer replied 4 months ago.

Hi Malcolm,

Please let me know if I can be of any more help.

Kind Regards

Al

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