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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10773
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My farther passed away last October and left a will. I am a

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My farther passed away last October and left a will. I am a major named beneficiary of the will which I do not have a problem with. My father's will, written in 2005, stipulated that the house he shared with my step mother should be left available for her to live in until she died. The trouble is, shortly after his death, my step mother was admitted into permanent residency in a care home as she has dementia herself, something which has been developing for a few years. This means that the house is now left furnished but empty. There are 2 executors of his will, neither of whom I know (they are part of my step mothers side of the relationship). I would like to have the house sold so someone else can live in it rather than leave it empty for however long my step mother remains alive. there is no chance she will move back home, her condition is too advanced.
Can you please advise.
John Morris
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Are you able to let me have the wording from the Will concerning your step mother's right to reside in the property?

Kind Regards
Customer: replied 3 years ago.

Hello Al.

The will reads

'5, Provided she survives me for a period of 28 days then I leave the residue of my estate (out of which shall be paid my funeral and testamentary expenses and my debts) and any property over which I have at my death any general power of appointment to my wife absolutely.

6. If my wife does not survive me for the said period of twenty eight days then and only then the following provisions of my will shall apply'

It then goes on to stipulate the property be sold, the value split between myself and my sister and our children etc.

I hope this is what you need.


Hi John,

Thanks for your reply.

From the extract of the Will that you have quoted, it appears to me that ALL of your father's assets legally passed to your step mother upon his death, and therefore also the property if this was in your Father's name or in the joint names of him and your step mother.

Unless there is a specific clause concerning the property before clause 5 in the Will, then I'm afraid everything passes to her and therefore all your father's assets belong to your step mother and you are not entitled to quibble about any of these assets.

Please let me know if there is any other legacies mentioned before clause 5.

Kind Regards
Customer: replied 3 years ago.

Point 1 Advises he revoked any other wills or testaments and declares this to be his last will.

Point 3,a, stipulates thus

'I appoint my wife XXXXX XXXXX of their home address aforesaid or if the appointment of XXXXX XXXXX fails then I appoint Christopher Alan Pitt (his address is then given) and Martin Wise (his address is then given) to be executors and trustees of this will'.

Point 3 b stipulates

'IN THIS WILL and codicil to it the expression "my trustees" means its trustees for the time being or (when the context requires ) my personal representatives for the time being'

point 3 c stipulates

'Any Powers given to the trustees of this will (by the will or any codicil to it or by the general law) may be exercised by my trustees before the administration of my estate is complete and even before a grant of representation has been obtained'

4, I give (free of Tax) my 2 pocket watches to my son John XXXXX XXXXX (ME) (then my address is stipulated)

then point etc is listed.


Hi John,

Thanks for this.

Well, I'm afraid that on the basis that your step mother has survived your Father by 28 days, all of his Estate has legally passed to her, and she is therefore free to do what she likes with those assets.

The provision in your Father's Will concerning your legacy would only have had any legal standing had your step mother died before your Father.

Therefore, any property your Father owned now legally belongs to your step mother and I'm afraid you do not have any legal interest in it now or at some future date. I don't know what your step mother's Will says, but if she has left a part of her Estate to you, this will only kick in on her death, and in the meantime, she is free to deal with her assets (including the assets which belonged to your Father) as she so wishes.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards
Customer: replied 3 years ago.

Al. Many thanks for that. So, if I get your advice, even tough myself and my sister are named beneficiaries of my late fathers will, we would only benefit from it if my step mother has made similar stipulations in her will? You are correct it is not what I wanted to have revealed but I do have to respect his wishes.

Do I also take it the house has to remain un occupied for so long as she is still alive, living as she now does, not at the address but in a care home with advancing dementia?

Knowing my father as I did I'm not altogether sure he would have wanted this. It seems such a waste of what is, at the moment, a nice well looked after property.

Thanks anyway.


Hi John,

You are correct- the legacy to you and your sister is only valid had your step mother died before your Father. As this did not happen, the legacy does not come into being.

As regards XXXXX XXXXX it is very much up to your step mother what happens to it, but you have no say in whether she leaves it empty or not.


Kind Regards
Aston Lawyer and other Law Specialists are ready to help you

Hi John,

Can I be of any more assistance to you?

Kind Regards

Hi John,

Would you like any more information or are you happy with my Answers?

Kind Regards


Please let me know if I can assist further.

Kind Regards
Customer: replied 3 years ago.

Hi Aston Lawyers. I have already rated you as excellent as I was very happy with your service. Your answers made the points I was unsure about clear to me so now I fully understand the details.

I will keep you in mind if I need any further legal help.

Thanks so much.


John Morris.

Many thanks John.

Kind Regards