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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6936
Experience:  English solicitor with over 12 years experience
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I have been left a lump sum legacy from an Uncle who lived

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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 6 months ago.
Hervey Bay Queensland


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 6 months 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.

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Customer: replied 6 months ago.
Thank you very much for that advice JA.