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JGM, Solicitor
Category: Family Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor. Partner in own firm.
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My dad, uncle and grandmother own a house where each owns a

Customer Question

Hi, my dad, uncle and grandmother own a house where each owns a third of the property. My uncle has sold his third to my dad so now my dad owns two thirds and my gran owns one third. My gran had made a will many years ago to say half of her share would go to my uncle and half to my dad. But recently she has changed the will so half goes to my uncle ane half to her grandson i.e myself. My dad is unaware of this change. My gran has also given the power of attorney to my uncle. If the property is sold before my gran dies and she gets paid her 3rd of the share into her account and then she dies, who gets the proceeds of the sale? Because the will states i get half of her share but it doesnt state i get half of her money in her bank account. So can my dad claim to get half of her bank account money or do i still get the money in her bank accoumt that came from the proceeds of the sale and she stated she wanted half her share going to me and half to my uncle? And can my dad dispute this? And can my uncle stop me getting her bank account money thag came from the proceeds of the sale as he has the power of attorney.
Submitted: 1 year ago.
Category: Family Law
Expert:  JGM replied 1 year ago.

Firstly note that the power of attorney ends on death and the executor takes over. If the will states that you get a share of the house then that is what you get only if the house is still there on grandmothser's death. If it has been sold then the money would go to whoever the will says, or to the residual beneficiaries, is, those who inherit the estate other than specific beneficiaries. You are a specific beneficiary only if the specifi item of estate still exists at the date of death. I hope that helps. If it is your grandmother's intention to leave you the money from the sale of the house is sold then her will should specifically say so. Happy to discuss further.