Will Worded Correctly?

BISCUIT1

I have just been told by some close older friends that they intend to leave their house to both me and another good friend of theirs-they want us to have half of the value each. The other person apparently wants to eventually live in their house as they prefer it to their current own one. This is very unexpected and I would never have expected anything at all so am touched that they think of me so much to include me in this way. The issue is that they then showed me the actual will which they have also put me as an executor of along with the other person and asked me what I thought of it. When I actually read it is says that they are leaving their house to the other person in name only as opposed to both of us and it then goes on to say that the other person will move in and then sell their own house and give me half of the value of my friends house out of the sale of their own property. I didn't really like to comment as it feels ungrateful and they are very happy with their solicitor who drew it up and I am by no means an expert on legal matters but I am not sure if the way it is worded is correct in terms of what they have repeatedly said they want to happen and may cause issues for me later (which I know sounds selfish and ungrateful) I can't be any more specific on the actual wording as I obviously don't have a copy but just wondered if anyone else thinks this sounds right?

pphillips

Are you sure that's what it says?
You can only gift your own property by will, you can't gift property that belongs to someone else!

BISCUIT1

pphillips said:

Are you sure that's what it says?
You can only gift your own property by will, you can't gift property that belongs to someone else!

Yes 100% and that's what I thought...it will be reliant on the other person carrying out my friends wishes which they may not do..I am concerned about the will writer who is visiting my friends this Saturday (?) hence my deciding to ask for advice here now..she gave me the persons name to look up on Facebook and it says she is a personal trainer-no mention of legal profession...

pphillips

BISCUIT1 said:

pphillips said:

Are you sure that's what it says?
You can only gift your own property by will, you can't gift property that belongs to someone else!

Yes 100% and that's what I thought...it will be reliant on the other person carrying out my friends wishes which they may not do..I am concerned about the will writer who is visiting my friends this Saturday (?) hence my deciding to ask for advice here now..she gave me the persons name to look up on Facebook and it says she is a personal trainer-no mention of legal profession...

Get your friend to a solicitor who can write a will that is enforceable. At the moment, her wishes have about the same legal effect as a letter to Father Christmas.

Keep_pedalling

This just has to be a DIY will, and you should tell them to do it properly and see a solicitor. Apart from what has already been said, you should never leave a specific property in your will, as there is a good chance you may no longer own it by the time the end comes. 

BISCUIT1

Thanks this is what I feared...it's just so tricky to say anything without sounding like I don't trust the other person or criticising their legal person who they think is great-or sounding like I am worried I will miss out! I will speak to her before the Saturday visit and then leave it with them as all I can say is it never entered my head they would want to leave me anything like this so wasn't expecting anything so can't be disappointed if it doesn't work out that way!  It just seems they are paying for the services of someone who doesn't have the proper training or knowledge.

Sea_Shell

Don't forget that even if you are named as an Executor, you don't have to do it, if you feel that it is going to be a nightmare, or unenforceable.   You can just walk away.    If it turns out you are a valid beneficiary, then whoever does administer the estate would have to pass your inheritance to you.     But if you are not directly left anything (property share) in the will, then it will be worthless.

TBH, i'm not sure i'd want to be left half of a property that wouldn't be able to be sold, without the agreement of the other owning party.   That's money you'll never get to realise.   And down the line, the other parties share could pass to THEIR heirs in the future, and you could end up owning with a complete stranger!!!

It sounds like a hair-brained idea to me.    And they can't dictate in a will, what a third party must do with their assets to satisfy their wishes.    It's got disaster written all over it IMO.


Edited to add - Do you know who WOULD be their beneficiary if the will was invalid, and intestacy rules came into play.   Do they have ANY family?

getmore4less

Without the exact wording  it is impossible to say if it will achieve the goal intended.

When I actually read it is says that they are leaving their house to the other person in name only as opposed to both of us and it then goes on to say that the other person will move in and then sell their own house and give me half of the value of my friends house out of the sale of their own property

That reads very much like your interpretation of what was written and could have missed out some very important words that change the meaning completely.. 

Edit:

if you don't understand the will tell them and ask question on how is it supposed to work like,

what if the other person does not sell their house just keeps it what happens then?

xylophone

I would suggest to your friends that they consult a STEP solicitor.
https://content.step.org/step-directory

Malthusian

I would ask the friends if their "legal person" has pretended to be a solicitor, which would be a criminal offence. Theirs may not be the only lives they are trying to ruin with ridiculous legal advice.

The OP says "close older friends" plural. Is this meant to happen on the second death or the first? If the first, where is the survivor going to live?

*edit*

FWIW, although the friends can't control other people's assets in their Will, what they want isn't impossible if OP and Beneficiary 2 are willing to go along with it after they are dead. Leave the property to the OP and beneficiary 2 in equal shares, beneficiary 2 sells their house, buys out the OP's share with the proceeds and moves in. Not difficult. If beneficiary 2 doesn't want to pay for the other half, the two of them just sell the house to a third party and take the cash. However if they want this to actually happen the friends need to see a real solicitor pronto.

pphillips

BISCUIT1 said:

Thanks this is what I feared...it's just so tricky to say anything without sounding like I don't trust the other person or criticising their legal person who they think is great-or sounding like I am worried I will miss out! I will speak to her before the Saturday visit and then leave it with them as all I can say is it never entered my head they would want to leave me anything like this so wasn't expecting anything so can't be disappointed if it doesn't work out that way!  It just seems they are paying for the services of someone who doesn't have the proper training or knowledge.

Except your not being critical if you're just doing due diligence by finding out their legal qualifications, experience and who regulates them. If it has the effect of exposing them as a charlatan, then surely your friend would be grateful for your intervention.