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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My mother about 10 years ago, in the terms of her will she

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My mother about 10 years ago, in the terms of her will she named her three living children Jean, and her brothers Robert & Philip who as well as being named as Trustees & Executors were also bequeathed the former residence of Doris. The property was left to the Trustees to sell the same with the proviso they allow her husband (Albert) to occupy the property rent free until his death or re-marriage but my sister Jeanette has since died prior to the lifetime tenant Albert who is still alive and resident in the bequeathed property. The will makes no clear reference as to what should happen should any Trustee siblings die prior to the lifetime tenant, it is therefore my quest to obtain an opinion as to what the current legal position is in respect of Jeanette’s share of the bequeathed property ?
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.


What is the value of your sister's share?
Customer: replied 3 years ago.
Dear Mr Denning, I estimate the current value of the property (with vacant possession) would be in the region of £200,000.
The value of my sisters share should the property become vacant would be in the region of £65 – 70,000. However, the property still has the lifetime tenant (my late mother’s husband) in situ.
Yours sincerely XXXXX XXXXX Czech Republic


Is this
property in the UK?

Are Jean
and Jeanette the same person?


Your mother is Doris?

Did Jean/Jeannette
have any children?

Customer: replied 3 years ago.


The property is in UK (Essex), sorry for the confusion, Jean and Jeanette are the same person





In which case, if the property is split
three ways after Albert no longer lives there or dies , the situation is
relatively simple.

If Jean had children but dies before
Albert, her share is divided equally between her children when Albert dies.



If Jean had no children, then her share
is divided equally between the remaining siblings which means that they get
half each unless Doris' will says differently or unless section 31 of the Wills
act is excluded in the will



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