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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9868
Experience:  I have been practising for 30 years.
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I have a copy of my father's will, he passed away last year,

Resolved Question:

I have a copy of my father's will, he passed away last year, and it states that his house is left to his wife but once sold she will get half and his half to be shared out between his four siblings of which I am one of them. I am concerned that if the house is sold I may not be informed and therefore would like to know if there is anything I can do about it and to make sure my Father's will is legal.
Submitted: 21 days ago.
Category: Law
Expert:  Aston Lawyer replied 21 days ago.

Hi, who are the Executors of the Will? I take it that the property is in your Father's sole name?

Kind Regards

Al

Customer: replied 21 days ago.
The solicitors who drafted the will are Nelson Guest& Partners, Roxby House, 20/22 Station Rd, Sidcup, Kent, DA15 7EJ. I do not know if my Father is solename on property. I did hear that my brother contacted these solicitors and the lady who drafted the will no longer worked there and they do not take on probate matters.
Customer: replied 21 days ago.
The executer of the will is Mr. Andrzej Kucharskski of***** Kommack, New York,###-##-####USA. I am unable to accept a call at this moment.
Expert:  F E Smith replied 21 days ago.

I see that the previous expert has opted out.

This is relatively easy to resolve and although there is no legal reason why you cannot do it yourself, you might want to entrust it to a solicitor.

There is a trust created under the terms of the will in respect of the property.

The beneficiaries need to register a restriction against the property which will stop the property being sold unless the conveyancer signs a restriction that the terms of the restriction have been complied with and that would be usually, giving the beneficiaries notice of a pending sale or remortgage.

A solicitor will probably charge about £200 plus VAT plus the land registry feet the dealing with this.

If you want to do it yourself, then the form to use is land registry form RX1 .

The notes are here: https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

and you would need to choose an appropriate restriction from the long list at the bottom. There are about 40 different ones.

There is a link to the form and the fee (which depends on the value of the property) at the end of section 7.41.

The most probable restriction in this scenario would be probably form B or NN which will need modifying to reflect the situation. As you can see, whilst the application itself is straightforward, actually choosing and wording the restriction is far from it.

One of the potential problems of course is that his wife may not want to sell the property and she could hang onto it until she eventually dies. There is no way around that.

You want to know whether the terms of the will of legal and I can tell you that in circumstances like this, they are. Usually, it’s worded that the wife has the right to live in the property for life and when she no longer wants to live in it, it sold and the proceeds divided.

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9868
Experience: I have been practising for 30 years.
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