Wrong house named in will

Mojisola

old_fat_biker_bloke wrote: »

Indeed, that seems to be the case. I just hoped for her sake there was some quirk in the law that would have helped her - rather sad she will get nothing after their lives together whilst his children (who wanted nothing to do with him - it's complicated...) with get it all....

Hey ho, No justice and all that....

He was badly advised when he wrote his will. It's rarely a good idea to be so specific about the house you live in. Even if you think that you will change your will every time you move house, you still have the possibility that you will go into residential care and your home will be sold before you die but after you are incapable of writing a new will.

Didn't the original will have a clause saying what should happen to everything else other than the named property? Who is this residue left to?

When couples decide not to marry, getting their wills right is hugely important - too late for your Mum but her story might make other people think about their own situation.

getmore4less

old_fat_biker_bloke wrote: »

I should mention it was a DIY will too, the kind you get from WH Smiths....

Mojisola wrote: »

He was badly advised when he wrote his will.

The key will be the wording for the rest of the assets and any residual clause which a will template will usually have.

Mojisola

Missed that it was a DIY will.

Save money when writing the will - cause massive problems for your family.

nom_de_plume

getmore4less wrote: »

The key will be the wording for the rest of the assets and any residual clause which a will template will usually have.

This question has been asked 3 or 4 times so far. OP can you respond?

pollypenny

I understand what OP,means about financially independent, but she still needs the legacy.

OH and I have good enough pensions to be independent, but she one of us dies, the other will need the remaining help pension.

old_fat_biker_bloke

nom_de_plume wrote: »

This question has been asked 3 or 4 times so far. OP can you respond?

I will need to pick my moment & ask her - Not ignoring the question, I know it's important. I recall she was left entire contents except one piece of furniture which was quickly converted to cash - I also believe some unknown bank accounts were found....

nom_de_plume

The part of the will I and others were questioning in the main is any reference to the residual. If, for instance, the will states 'I leave my house, 123 Any Steet, etc. to be shared equally between X and Y' and then 'I bequeth the residue of my estate to the cats home', then the cats home would likely get the house due to the different address.
If the will states that your Mother is to receive a share of the ridual then the house would likely be a part of that.
Hence the importance of the precise wording of the will.

old_fat_biker_bloke

nom_de_plume wrote: »

The part of the will I and others were questioning in the main is any reference to the residual. If, for instance, the will states 'I leave my house, 123 Any Steet, etc. to be shared equally between X and Y' and then 'I bequeth the residue of my estate to the cats home', then the cats home would likely get the house due to the different address.
If the will states that your Mother is to receive a share of the ridual then the house would likely be a part of that.
Hence the importance of the precise wording of the will.

OK - Got it!!

"Appoints executors – my mum and sister (they gave this up to his son)

I give and bequeath to my very dear friend (my mum) the entire contents of my home apart from my Victorian cabinet with bow windows and contents to daughter. I give and bequeath the sum of £500 to (my sister). Upon the sale of my home namely 123 Any Street (his OLD address) the net proceeds to be divided that is to say as to 6 equal shares unto my dear friend (my mum) absolutely, if she shall fail to survive me for a period of 28 days then unto my son xxx and daughter xxx the 6 shares to be divided equally. As to 2 equal shares unto my son the said xxx absolutely or if he shall fail to survive me for a period of 28 days then unto my daughter the said xxx absolute.

As to 2 equal shares unto my daughter xxx absolutely or if she should fail to survive me for a period of 28 days then unto her son xxx absolutely."


That is everything it said - written Nov 2001 – he died Spring 2013.



Side issue but some items from the house were removed by his children - First they denied it then said they'd taken them 'for safe keeping' - I mention it only to indicate why he wrote his will the way he did....

getmore4less

that looks flawed.

6 shares to mum then if she fails 3 each to the 2 kids but then talks about 2 shares.

The real issue is there is no residual so the rest of the money and assets would be as intestate after the £500 is paid out.

IS that really what was intended?

old_fat_biker_bloke

getmore4less wrote: »

that looks flawed.

6 shares to mum then if she fails 3 each to the 2 kids but then talks about 2 shares.

The real issue is there is no residual so the rest of the money and assets would be as intestate after the £500 is paid out.

IS that really what was intended?

That's it, word for word - He wrote it before he sold & moved from just outside London further North - The sale price bought the new home cash and left a surplus (that didn't exist before) - It is what's left of this that has been found in previously unknown bank accounts...