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Deprivation of assets - inheritance
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I have read the posts that you have made and although I have got mixed up between aunts/newphews/nieces etc, and although you are now saying the intention of the will is clear, you are getting mixed up betweenallthatmularky wrote: »No - please read the postings that I have made - the intention of the will is clear - the situation is about four siblings not sons and aunts.
1. What the will says
2. The intention of the will.
If the will says one thing and the testator has told the beneficiary to do something else with the money, it is a secret trust.
Although an accountant may not be fully aware of this, a solicitor should be able to spot this.
So the question is did the testator convey her wishes to the beneficiary before the will was written and is it different to what is on the face of the will? If she did then a secret trust has been created and he must do as she has asked.
Your original question suggests that she did do this, yet your comment above says that the intention of the will is clear.
Which is it.
I can sense your irritation that you think people are not understanding properly, but you have not been clear yourself, and the tone of your posts is quite harsh to people who are trying to help, particularly to Dunroamin's post when you replied "please read the posts" She is trying to help and is trying her best to interpret the information you are giving.0
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