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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.
How may i assist with your wills question?
That is correct, a will that is unsigned and unwitnessed is invalid. In which case, the estate would be be dealt with according to the law of intestacy. Instead of probate being granted, "letters of administration" would be applied for form the probate office.
Thennthe east would be divided as per intestacy law.
If there is no valid will, then the charity will not inherit the property all anything else.
Under the laws of intestacy there is a very strict line of inheritance.
First any spouse or civil partner, plus children if they have any.
If no partner, then any children they may have.
Then, next in line to inherit would be Parents, brothers and sisters and nieces and nephews of the intestate person may inherit under the rules of intestacy.
if related to this of course, please continue.
As long as there is no conflict of interest then they can act.
That is a matter for the firm to decide whether they have a conflict of interest.
If they are acting as executors, then that would indicate that they have a signed will.
They may have the will, your aunt could have listed them as executors.
You can check with the probate office to see if probate has been granted if so you can then see the will.
I t would depend on the exact wording of the will, and whether it is enforceable once the legacy has been given.
You can contact the probate office and put a caveat on the will, that stops it being granted and then would give you time to seek action or further legal advice
Yes you can come back to the question any time.
Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.
There is nothing wrong with the solicitors drafting the will for your aunt, or them acting as executors. It is very common for solicitors to act as executors for their clients.
likewise, the solicitors can also act for the charity.
Often solicitors will do this. It does not mean anything underhand has taken place.
Sorry I can only advice on the law, which I have done. I cannot tell you what action to take.
I have advised about a caveat. I don’t know the actual wording of the will so cannot advice on that.
a clear instruction is legal, a persons wish is optional.
There would normally be a premium service charge to review personal documents.
But if it is small document then yes I can take a look.
How did you obtain this document, because at the state of your question you state you do not have a copy of the will.
ok I am waiting.
Let me take a look.
That will if it is still the same will that the solicitors have signed, does not actually state that then property cannot be sold. It states that the property be used for investment purposes. That could include selling the property and investing the capital to be used as specified.
Unless you have signed proof of that, you are going nowhere with this. All you will do is delay what is going happen.
The will is drafted and signed by your aunt. Therefore she accepted what was written in the will.
The will would have been drafted by the solicitor, she would then have read the will, accepted the will and signed the will.
Like it or not, that is the situation you face.
Sorry but I think we have exhausted what I can advice here. She signed the will, that is the best example of her intent. If you want to apply for a caveat you can do so, I really don't thing it will get you anywhere.
your very welcome.
As I have advised, I have given all the advice I can give on this subject. She signed the will that was drafted for her. It is possible she changed her mind after speaking to you, pure speculation, the will is valid. You really are going to have to come to terms with that.
Sorry but I cannot advice on that. You would need to speak to the solicitors or the charity.
I would find it unlikely.Why would they want you managing their property. It has nothing to do with you. The charity would still need to manage and oversea the property as it will be their property.
I would image they would simply see your attend t as a way of trying to take control of a property that has been left to them and not left to yourself. Sorry.
As explained you would need to speak to the charity.
A deed of Caria toon is normally made to forgo a legacy and give it to someone else. I cannot see the charity doing this.
Sorry yes that was meant to read deed of variation.
I cannot comment on the faith matter s youmtalk of, only the legal standing of the will.
I have fully advised on this. I can see not grounds for you to challenge. It all appears genuine, simply you do not like the fact that you cannot control the property for the charity. Sorry.
I am simply saying how this appears. I have fully explained the situation. You were disputing the validity of the will to start with, then indicated that you would like to control the property as managers, that cannot be disputed as you have written that here.
I am simply saying what you have said, sorry if that upsets you. I understand you may not like the way the will is worded but it is worded that way, and correctly signed and witnessed.
Again, I can see no reason why the charity would want to forgo the property or the management of it themselves and give this to you.
You can of course ask the , but be prepared to be dismissed.
Then the only option is to approach them, explain your views and see if they agree.
Your welcome, good luck.
Of course, just come back to this question.