My Mother & Sister maybe trying to sell my property behind my back..

princeofpounds

The residue is the bit that's left after everything else, which is explicitly listed, has gone as specifically directed.
So if it says "The business goes to Nige, and the residue goes to Nige's Mum", then Mumsy receives everything BUT the business.

Yes, it could be that the business bit comes first, which is the alternative to the scenario I discussed previously

nige_wales

princeofpounds wrote: »

does the clause granting you the business appear after this clause 4???

because it sounds like the will leaves everything to your mother, and the business only comes to you if she pre-deceased your father.

Hi, the clause granting me the business does appear after this clause 4.

I've tried looking up residuary and it says anything not mentioned as gifts. But this clause states the residuary and has it as over ruling all the other gifts, so the solicitor must be correct I don't fully understand it though.

marmitepotato

Nige, go and see a real solicitor, one that you can sit face to face with. Ask them all the questions you want answers too. Then decide what to do.

nige_wales

marmitepotato wrote: »

Nige, go and see a real solicitor, one that you can sit face to face with. Ask them all the questions you want answers too. Then decide what to do.

Hi, I don't think there is much pointme seeing another solicitor, my mother had told me that there was something in the will that gave the business and property to her, now that's been confirmed I have to accept it.

I may be able to contest her if I lose out substantially but she has said that she will be adding me as an equal share with my brother and sister with her house property in her will.

It looks like the only thing that seems not quite right is the amount that she is selling for, so much below the market value, but that seems to be her choice and my sister who is a trustee of my fathers will has backed her up so I have to go along with it it seems.

Cheers,

Nige

AdrianC

nige_wales wrote: »

Hi, the clause granting me the business does appear after this clause 4.

Go and re-read the last sentence of that clause of the will. Repeat it until you understand it. It's in plain english.

...but IF she dies before me (she hasn't) OR if this gift otherwise fails (it hasn't), THEN AND ONLY THEN the following provisions shall apply INSTEAD of this clause.

She receives "the residue", whatever's left after any specific bequests in clauses 1-3, UNLESS she died first (she didn't), or that residue clause can't be carried out (it can), IN WHICH CASE, the bits AFTER (Nige gets the business) apply.

My apologies to your family for suggesting they were trying to diddle you. They aren't. I was assuming you were telling us the whole story by saying the will left you the business. It doesn't. They are right. You are wrong. (At least, going by this new information).

If you want advice, you have to give ALL the relevant information.

nige_wales

AdrianC wrote: »

My apologies to your family for suggesting they were trying to diddle you. They aren't. I was assuming you were telling us the whole story by saying the will left you the business. It doesn't. They are right. You are wrong. (At least, going by this new information).

If you want advice, you have to give ALL the relevant information.

I didn't understand 'residue' and I couldn't see anything in the will that said the business would go to her.

Now I can see why everyone was advising solicitor.

I'm still upset that My mother, brother and sister had a meeting to decide about the sale but I was left out of it. Even if I had a different opinion we should have all talked together and been open about everything and should have included me.

I am glad that they are not trying to cheat me or anything, that was really stressing me out.

Thanks for all the help people, much appreciated..

Cheers,

Nige

AdrianC

nige_wales wrote: »

I didn't understand 'residue'

http://dictionary.reference.com/browse/residue

nige_wales

AdrianC wrote: »

http://dictionary.reference.com/browse/residue

cheers... :T

good to know these words eh...

princeofpounds

good to know these words eh...

yep.

Legalese is really difficult and annoying to read, I can appreciate that. The particularly annoying thing is that every part of a document is important. As you have seen from this will, 90% of it makes no sense without that one sentence beforehand.

It's a shame this wasn't explained to you more precisely by those involved. But look on the bright side; you can explain your misunderstanding to your family and hopefully repair your relationships. At least they will realise that you were not being difficult for the sake of it.