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 Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My mothers will states "I give all my property to my

Resolved Question:

My mothers will states "I give all my property to my children" and goes on to name her children. She has now died. Her house was sold in 2010 and she had no house at her death. A solicitor is telling me that I need to apply to the probate for an amendment to the will as she has no property otherwise we cannot pass her savings etc on to her children.
Is this correct. Does property refer only to bricks and mortar or does it mean all of her estate after gifts.
Submitted: 10 months ago.
Category: Law
Expert:  Aston Lawyer replied 10 months ago.

Hi,

I take it that your Mother made a home made Will?

Could you also please confirm if your Mother's Will includes any other clauses, or whether the main body of the Will is merely the clause you have quoted to me?

I will be offline in a short while, but will be back on around 6pm.

I look forward to hearing from you.

Al

Customer: replied 10 months ago.
Her will was drawn up by a solicitor. Other clauses are
revoke earlier wills
appoint myself and brother as executors
give me all clothing and jewellery
a sum of £2000 to a friend
all hamsters or the survivor of them to a friend. (There are no hamsters now)
all property to her children (named) in equal shares absolutely
if any children do not survive, then his or her children shall take equal shares the share he or she would otherwise have taken.That is it . then signed and wirtnessed
Expert:  Clare replied 10 months ago.

My name is ***** ***** I shall try and help you

Which part of the Uk was your mother living in when she died?

Customer: replied 10 months ago.
Northamptonshire
Expert:  Clare replied 10 months ago.

How much is her Estate worth?

Customer: replied 10 months ago.
163;50000
Expert:  Clare replied 10 months ago.

Ok - all in one savings account?

Customer: replied 10 months ago.
How does what she has affect whether the clause about property is valid. I just need to know if that clause is ok .
Expert:  Clare replied 10 months ago.

I am just checking if probate is needed at all.

If it is all in one account then the answer is yes - if not then it is a maybe.

The word "property" can mean many things (and the solicitor who drafted this should have known better)

It is clear that in this context it meant everything - not just a house.

In any event you do not need to worry about the clause - you can distribute the Estate in accordance with the terms of the Will - not least because if there was no Will her chidlren would receive it all anyway.

Please ask if you need further details

Customer: replied 10 months ago.
Thank you Clare. I knew I needed probate. A solicitor came to see me yesterday and tried to get me to hire him by saying that the clause re property would need to be amended by the court. He also said that the beneficiaries would need to be credit checked. Is this so?
Expert:  Clare replied 10 months ago.

Nonsense to both.

As I said - badly drafted but it is still clear what is meant

You are not responsible for Credit checking beneficiaries.

HOWEVER if you are aware that one of them is bankrupt then you have to pay that share to the Trustee in Bankruptcy

Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you