How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6263
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

I have been left a lump sum legacy from an Uncle who lived

This answer was rated:

Hello Pearl
JA: Where is this? It matters because laws vary by location.
Customer: I have been left a lump sum legacy from an Uncle who lived in Australia. Unfortunately I am on housing benefit so if I receive this legacy directly it will be used to pay my rent and I will not benefit financially. My idea is to have a Deed of Family Arrangement drawn up so that my legacy is given directly to my two sons. However the Australian lawyers say the two other Charity beneficaries will not be happy to pay for this "extra legal cost" out of their legacies, understandably. Can you suggest any other option so that my idea can gain fruitiion, it crosses my mind that I could pay up front for the extra legal costs to the Australian lawyer though I would have to lend the money from somewhere to find the extra fees.
JA: What steps have you taken so far?
Customer: Since receiving copy of an email this week which the Australian solicitors sent to the Executor of the Will, my Uncle's ex-neighbour, nothing. Said I would get back to her. The lawyers recommend I receive the legacy directly as per the Will.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Don't think so thank you.
Customer: replied 8 days ago.
Hervey Bay Queensland

Hello,

 

Have you asked the Australian lawyer to deduct the agreed legal fees from your legacy before it is distributed to your children as per the Deed?

 

 

Customer: replied 8 days ago.
No I have not because I thought I had to receive the sum stated in the Will without deductions though this was my first idea.

In that case you should discuss this as I do not see anything wrong with this. In fact the Deed may provide for this i.e. all legal costs incurred in connection with the drafting and implementation of the Deed be deducted from the legacy before it is distributed.

 

All the best. Please click on 5 stars if this helps.

UKSolicitorJA and 6 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you very much for that advice JA.