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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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In my Uncle's will the last paragraph of s memorandum "all

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In my Uncle's will the last paragraph of his memorandum "all remaining articles of personal property not hereby or otherwise disposed of to my Nephew" but the Solicitor has said that once they have a valuation - they will then decide what needs to be thrown, sold or be given. Is that not up to me?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Hello, your interpretation of the will is correct here. It is not open to an executor (or the solicitor advising the executor) to decide what part of the personal property should be thrown out or sold. Once the terms of the will state that the nephew is to get the remainder of the personal property, there is no discretion vested in the executor or the solicitor to decide what items of personal property the nephew should get.

Expert:  Buachaill replied 1 year ago.

2. All of the remainder of the personal property belongs to the nephew and it is then up to the nephew to decide what to do with it. The executor or the solicitor has no discretion to decide to throw out or sell any of the items of personal property of the deceased which constitute the remainder.

Expert:  Buachaill replied 1 year ago.

3. Accordingly, ifyou are the nephew affected by this issue, you should write yourself, or better still, get a solicitor to write on your behalf to the solicitor for the estate and state that all of the items constituting the remainder of the estate of the deceased belong to you and if any of these items are sold or thrown out, you will make the solicitor and the executor personally liable for taking any of them.

Expert:  Buachaill replied 1 year ago.

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