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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My mother in law passed away recently and in her last will

Customer Question

My mother in law passed away recently and in her last will it leaned very heavy to my brother in law which to her own admission was wrong but didn't have time to sort it out.
It stated that he would receive the funds from the sale of her property if she died without owning a dwelling, but she gifted the money to my wife to buy a house which we all live in but only myself and wife on the mortgage. My brother in law is now claiming he is entitled to the money from sale of the property even though it was a gift and wants to enforce the sale of the house we reside in to get the money he feels he's entitled to. Is this aloud considering the money was spent by my mother in law before she passed away.
Submitted: 6 months ago.
Category: Family Law
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the exact wording of the Will regarding this gift?

Customer: replied 6 months ago.
The gift isn't in the will as the will was taken out in 2015 and the gift for the house was 2017