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JGM, Solicitor
Category: Law
Satisfied Customers: 12091
Experience:  30 years as a practising solicitor.
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Dear SirsThe will of a relative who died in 1930 made mention

Customer Question

Dear Sirs
The will of a relative who died in 1930 made mention of 'property over which I may have a general power of appointment by will' without specifying any details of what or where the said property was.
Probate was granted 'save and except settled land vested in the deceased which was settled previously to her death', again with no reference to what or where the property was.
Is the lack of any information about this settled land somewhat strange?
Is there any way of finding out about the settled land........i.e. where it was and what it comprised?
Kind regards
A Davey
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
Yes, I will wait.Kind regardsAndrew Davey
Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  JGM replied 2 years ago.
Thank you for your question.
This type of clause is generally a "catch all" and relates to property that the deceased did not in fact have at the time of the will being made but was designed to cover the eventuality that the deceased may have acquired further property between then and the date of death. It is more than possible that such land didn't ever exist.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
This I totally understand. I am interested only because I know that one of the beneficiaries of the will ( a great uncle of mine) went to extraordinary lengths to find out about this land or property, even travelling to America. It therefore must have existed and must have been 'substantial'.
What I find puzzling is that Probate would be granted without any reference to the said property or land, which MUST have existed, or why did my relative spend so much time on the subject.
We think the issue concerns the disappearance of the original testator, (who left the land / property to my relative) perhaps lost in a train crash in the US.
Surely, Probate had to disclose the land / property???
How can we proceed?Kind regardsAndrew Davey
Expert:  JGM replied 2 years ago.
Is the land in the U.S?
Customer: replied 2 years ago.
I have no idea.
What happens to unclaimed land / property?
Expert:  JGM replied 2 years ago.
In the UK it is held by the Crown.