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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7962
Experience:  Owner at James Bruce Solicitors
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My granddad sold his house for an operation by one of his

Customer Question

my granddad sold his house for an operation by one of his sons want their part of the money now it do say in the will when the house is sold it gets split but i also states he could sell the house for metical reasons so is the son legally allowed to have his part of the money or wait till my granddad passes
JA: Where are you? It matters because laws vary by location.
Customer: thetford
JA: What steps have you taken so far?
Customer: at the moment we have a solicitor involved but not much help
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my uncle also have his own solicitor
Submitted: 13 days ago.
Category: Law
Expert:  james bruce replied 13 days ago.
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.
Customer: replied 13 days ago.
thanks James I will appreciate any help you can give
Expert:  james bruce replied 13 days ago.

Who owned the property, and who’s will are you talking about?

Customer: replied 13 days ago.
my granddad owns the property and my grandparents wills
Expert:  james bruce replied 13 days ago.
understood. Whether he would be allowed to have his part now, depends on the exact wording of the will. It sounds like a life interest was given too the grandfather by grand mother 

Do you have a copy of the will?

Customer: replied 13 days ago.
I don't but it states the property was not to be sold untill both passed that's was in my nans will but my grandad's will it was the property can be sold only for medical reasons
Customer: replied 13 days ago.
then the money will be split
Expert:  james bruce replied 13 days ago.

Your grand dads will only takes affect when he dies.

It is not possible to say where you stand without seeing both wills.

Also who the grandparents owned the property when both alive. Joint tenants or tenants in common. That makes a major difference and can actually invalidate parts of a will.

Customer: replied 13 days ago.
it was joint
Expert:  james bruce replied 13 days ago.

OK, then if the house was owned by them as joint tenant, the property automatically passes to the other surviving owner automatically outside of any will. It is called the law of survivorship.

Any clause in any will leaving the property to someone else would fail, and that clause in the will would not count.

So as joint owners, when you grandmother died, the house automatically became the grandfathers. Any legacy regarding the property in the grandmothers will would fail and not apply.

So as outright owner, your grandfather can do as he wishes with the property and does not have to give anyone anything.

What is sited in his will only takes affect on his death. If the property os sold and does not belong to him when he does then any legacy in his will relating to that property also fails, no one can inherit what no longer exists.

Customer: replied 13 days ago.
thanks for this info I can let my grandad now what you have tolled me but if I do get the copies of his I will contact you again
Expert:  james bruce replied 13 days ago.
Of course, come back 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.