Will Worded Correctly?

Sea_Shell

pphillips said:

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.

You'd think so wouldn't you.   But how many times do we read threads where people refuse to see that their ideas or course of action maybe "less than prudent", and would rather bury their heads in the sand.

Hopefully OPs friend will take any advice on board and not just poo-poo it.

Dox

BISCUIT1 said:

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?

You clearly aren't quoting verbatim from the will, and what's being suggested is actually quite sensible if (big 'IF') it's properly worded. If you are named as an executor, it's entirely reasonable for you to ask for sight of the will you are going to be administering. Did they ask you before merrily naming you as one of the executors?

BISCUIT1

Thanks again for the replies. I have spoken to my friend and she has taken it all on board well and is going to do some research and she was already concerned that there was no mention of contents of the property either which she wants me to have half of. Just to clarify the other person was the only named beneficiary for the house (I have been named as a beneficiary for another specific item which is really kind of them) and the part about me receiving half of the value of the property was written further into the document and is reliant on the other person selling their house which of course for various reasons might not happen-despite them wanting us both to have a half share of the property the other person was the only actual beneficiary of it which others above have clarified does not fulfill what their wishes are. Thanks it is all so difficult to discuss but as I have seen on other posts on this forum, a nightmare if it goes wrong. Apparently the person coming isn't the solicitor/legal rep themselves but works for the company that is a legitimate law firm. 

Sea_Shell

She also needs to be careful not to name a property by address.   She may move in the meantime, for unforseen reasons, then the gift would fail.

IANAL, but something more along the lines of "my main residential property at the time of my death".

Mojisola

BISCUIT1 said:

Just to clarify the other person was the only named beneficiary for the house

the part about me receiving half of the value of the property was written further into the document and is reliant on the other person selling their house which of course for various reasons might not happen-despite them wanting us both to have a half share of the property

A good solicitor would never write a will with such a clause in it.

If they want you both to have a share of the house, that's what should be in the will.

You can then sell your half of the property to the other beneficiary when they have sold their own home.

kangoora

Mojisola said:

BISCUIT1 said:

Just to clarify the other person was the only named beneficiary for the house

the part about me receiving half of the value of the property was written further into the document and is reliant on the other person selling their house which of course for various reasons might not happen-despite them wanting us both to have a half share of the property

A good solicitor would never write a will with such a clause in it.

If they want you both to have a share of the house, that's what should be in the will.

You can then sell your half of the property to the other beneficiary when they have sold their own home.

Nice and straightforward. They leave you each with a "50% share of their residential property at the time of their death". Their other friends sell their current house and buy your 50% share of the property you both inherited. Job done.

It sounds to me like a) best case scenario, they are dealing with a complete idiot who has no idea of the complications or downright impossibilities of what they are looking at or b) worst case scenario, they are actively setting up a scam to inherit the entire house and you get left with nothing.

Mojisola

kangoora said:

Nice and straightforward. They leave you each with a "50% share of their residential property at the time of their death".

There should also be another clause about what happens to their estate if they don't own a property at the time of their deaths but do have savings (possibly from the sale of a house if they have gone into residential care).

getmore4less

One issue from the first post is the other beneficiary is getting the house because they want it. 

That may change. 

Any clauses that facilitate them obtaining the property and being able to sell theirs may be redundant when the time comes.
Eg they no longer have a house to sell. 

BISCUIT1

All good points in the last 2 posts thanks again.

Manxman_in_exile

Also note the earlier comment form Mojisola that "A good solicitor would never write a will with such a clause [ as you describe] in it".  Are you sure the person writing the will is a qualified solicitor and knows what they are doing?  (ie are you sure they aren't just an unqualified will-writer?).

Not that it's any of your business except to help your friend to get the best legal advice to ensure that their will reflects their true wishes.