Understanding dads will

Fairywand2021

My older brother has said our dads will states the family home can’t be sold unless the proceeds go to the purchase of another family home, he says it was put in place to protect my youngest brother who can’t take care of himself. (Due to an unwillingness to work or do anything productive) 

I’ve read over the will and can’t see that written anywhere, the only bit I don’t understand is this: 

(a) To sell call in and convert into money al such parts as shall not consist of money with power to postpone such sale calling in and conversion for so long as they ni their absolute discretion think fit without being liable to account and to hold

the net proceeds after the payment of my just debts duties funeral and testamentary expenses and any inheritance taxes and legacies given in this Wil or by any codicil to it my residual estate.

as I don’t understand this I wonder if that states what he claims? I don’t get on with my brothers so I’d like to cut any ties with them. 

Many thanks for any help or advice 

Keep_pedalling

No it doesn’t, that is basically saying sell everything and distribute it as per the will. If you father wanted to maintain a home for the layabout son the wopill would need to contain a life interest clause.

Voyager2002

Keep_pedalling said:

No it doesn’t, that is basically saying sell everything and distribute it as per the will. If you father wanted to maintain a home for the layabout son the wopill would need to contain a life interest clause.

I disagree.

The problem is that we don't know what comes before the extract. Probably before this the will names the executor. The passage quoted says that the executor has the power to sell everything, or to postpone the sale, and that this decision cannot be questioned. Other parts of the will probably instruct the executor to ensure that the disabled son does not become homeless, or similar.

LinLui

I don’t get on with my brothers so I’d like to cut any ties with them. 

You can do that. Npbody can force you to accept an inheritance. Just walk away.

elsien

Who are the executors? If you are one, you could walk away, Or you could approach the solicitor who drew up the will to clarify what was meant. 

Fairywand2021

Thanks everyone, I have contacted a solicitors for advice, I am not an executor, prior to that statement it just explains who the will is in relation to (my dad). I can’t see anywhere a life interest clause but hopefully a solicitor will give me some clarification. (We all live together and it is miserable, in our family our parents really held the glue together) 

FlorayG

That seems to say the executor is advised to sell up BUT can keep the house unsold 'at their discretion' for, it seems, as long as they want. Of course this means all the bills will have to be paid out of the estate and so the inheritance dwindles. It certainly doesn't say that if the house is sold another house has to be purchased and I think that's not even possible to specify in a will.
Who is the named executor?

Fairywand2021

Thankyou for your help, that’s the jist I get also, like if dad had any debt this would be deducted kind of thing, my older brother is the executor

doodling

Hi,

Usually the intention of clauses like those quoted by the OP is to protect the executor (usually a lay executor) from any consequences as a result of delay in administering the estate, or to allow the executor to delay a sale in order to get a better price for a property.

You would need to get legal advice as to whether the clause permits the executor to delay indefinitely without just cause, effectively overriding the executor's obligations to the beneficiaries and potentially negating the rest of the will.

I wouldn't dream of putting a clause as open ended as that in in my will.