Author Topic: Meaning of jargon in will.  (Read 1947 times)

Offline mazi

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Re: Meaning of jargon in will.
« Reply #18 on: Wednesday 30 March 16 13:01 BST (UK) »
Once again groom is giving sensible advice  :) :)
You cannot challenge the stepmothers will as more than 12 years has elapsed and the executor acted correctly

There is no time limit if you think there was fraud in the administration of the 1971 estate, but that is going to be impossible to prove, and the legal costs will be huge.

I agree with Groom, the stepmother seems to have acted reasonably, she could have just taken the lot and spent it, but instead she made provision for her stepson.

Let sleeping dogs lie remains my advice.

Mike


Offline mazi

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Re: Meaning of jargon in will.
« Reply #19 on: Wednesday 30 March 16 13:05 BST (UK) »
Our posts crossed, you have been told by a solicitor that the settlement only applied to the specified house, and not to the new house.

Offline groom

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Re: Meaning of jargon in will.
« Reply #20 on: Wednesday 30 March 16 13:11 BST (UK) »
Looking on line, I think the "Settled Lands Act" may mean exactly what she has done ie allowed the son to live there for life, and then the property to be sold after his death.

It really depends whether or not the stepson wants to challenge her will and gamble on the chance he may not succeed. Have you tried somewhere like the Citizens' Advice?

As Mike said, I'd be tempted to let sleeping dogs lie, especially as he is allowed to stay in the house, presumably rent free? The only disadvantage is that he can never move.

I suppose the lesson to be learnt from this is to remember to make a new will if you move, or to word your will so that it doesn't name an exact property, but says something along the lines of "the property I own at my death."
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Offline thistlebay

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Re: Meaning of jargon in will.
« Reply #21 on: Wednesday 30 March 16 13:13 BST (UK) »
Maybe you're all correct, maybe I should leave well alone  ???

Thanks to everyone who has given their advice and help on this topic.

Regards
Catherine
Places:  Dublin, Stamullen, Julianstown, Meath, Shelvins in Monaghan, Donnybrook, Holywell Wales, Greenfield Wales, Baguilt Wales, Chester, Over in Cheshire, Tarporley in Cheshire, Bolton, Manchester UK, Clitheroe, Yorkshire West Riding, Bradford Yorks, Shipley Yorks

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Offline thistlebay

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Re: Meaning of jargon in will.
« Reply #22 on: Wednesday 30 March 16 13:24 BST (UK) »
Hi
No I havent' tried the Citizens advice.  Yes he lives in the house rent free but the house was paid for in full I believe when purchased in 1970.  He does pay all the utilities obviously but the upkeep/maintenance of the property has never been done by the legatees of her will, even though on paper they own the property.  The son hasn't been a well man for a great number of years so cannot work so in turn cannot afford to maintain the property either.

I agree, I am surprised that the  father had this in his will as apparently he was so meticulous, but maybe he didn't realise the problems it would cause after his death.  Or maybe he did!  ;)
Places:  Dublin, Stamullen, Julianstown, Meath, Shelvins in Monaghan, Donnybrook, Holywell Wales, Greenfield Wales, Baguilt Wales, Chester, Over in Cheshire, Tarporley in Cheshire, Bolton, Manchester UK, Clitheroe, Yorkshire West Riding, Bradford Yorks, Shipley Yorks

Surnames:  Griffith, Smy(i)th, McCormack, Stynes, McCabe, Howley, Raistrick, Laycock, Harding, Livesey, Unsworth, Hardin/en, Davies, Roberts, Johnson, Fielding