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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Hello Just a quick question for reference purposes. At what

Resolved Question:

Hello

Just a quick question for reference purposes. At what point after the death of person do the provisions of their will become enshrined as fact - is it immediately after their death, once it is registered, or when probate is granted?

Many thanks
Kevin J
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I am not entirely sure what it is that you wish to know - could you clarify the actual question please?
Clare
Customer: replied 3 years ago.


Hello again Clare

 

You kindly answered my question last week, and this also relates to my Mum's death.

 

Through the trust set up under her will, I am charged with several responsibilities relating to her property, but cannot get the trustees, her solicitors, to answer openly as to when these provisions commence under law. Obviously I want to adhere to the legalities, and so need to know when the will's provisions are regarded as in force - is it immediately after a death, once it is registered, or not until probate is granted?

Thanks

 

Kevin

Expert:  Clare replied 3 years ago.
Hi
What form of Responsibilities?
Clare
Customer: replied 3 years ago.

Hello



Insuring, maintaining and funding the house bills. Looking after the family pets! All this on pain of having my home sold from under me if I lapse.


 


Kevin

Expert:  Clare replied 3 years ago.
Hi
You are not responsible for Insurance or Maintenance until after the Grant of probate.
However if you remain in the property you are liable for the household bills from the date of Death since you are the only one living there
Equally if you do not care for the pets it is you the RSPCA will contact I am afraid
I hope this is what you needed
Clare
Customer: replied 3 years ago.

Hi


The care of the pets is not an issue, I love them.


 


Sorry to be slow on the uptake, but does this mean that my claim on the house began immediately as it is clearly stated in the will, or only after probate? The reason I ask is that I need to change my own will to accommodate the altered situation, and need to ensure that its provisions are not in conflict. For example, if I were to die in an accident before probate, would that nullify my legacy?


 


Thanks


 


Kevin

Expert:  Clare replied 3 years ago.
Hi
No it will not nullify your legacy unless there is a provision in your mothers' Will that you hav eto survive her for x number of days.
The house will remain the responsibility of the Estate until it is transferred into the names or yourself and your sister.
This cannot happen until Probate has been granted.
If you should die in the mean time then your interest in the property will pass to your estate
Clare
Clare and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.


Hi Clare


 


Thank you, XXXXX XXXXX what I needed to know, as there is no timescale given, just the words 'shall survive me'.


 


Thanks again for you help - it has been so helpful at this unsettled time.


 


Best wishes


 


Kevin