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My unmarried sister passed away leaving no will. We Six Siblings…

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My unmarried sister passed away...
My unmarried sister passed away leaving no will. We Six Siblings have inheritted from our Mother two Properties. The Conveyance Document states that we are "IN FEE SIMPLE as TENANTS-IN-COMMON" My late sister left a Declaration stating that her 1/6 inheritance should go to a non member of our family. I am the last surviving of the six siblings and my sister's next of kin. Is this Legal?
Submitted: 3 years ago.Category: UK Law
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Answered in 14 minutes by:
6/28/2015
Solicitor: Aston Lawyer, Solicitor replied 3 years ago
Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10,798
Experience: LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
Verified
Hello and thanks for using JustAnswer.
My name is ***** ***** am happy to assist you with your enquiry.
As you all held the properties as Tenants in common, all of you held a separate 1/6th share, which share can be left to a named individual under a Will or a lifetime declaration.
Therefore, provided your sister did indeed sign a Declaration stating that she was holding her 1/6th share for this named individual, it is indeed legal, and upon her passing, her share does now pass to the non family member.
I am sorry this is not the answer you may have wanted, but it sets out the legal position.
Kind Regards
Al
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Customer reply replied 3 years ago
Thank you for your response.
Solicitor: Aston Lawyer, Solicitor replied 3 years ago
Thanks.
If I have assisted, I would be grateful if you could rate my answer.
Kind Regards
Al
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Customer reply replied 3 years ago
The declaration only stated that her 1/6 is left to the named individual.Nothing about holding same for the named individual.
Solicitor: Aston Lawyer, Solicitor replied 3 years ago
Hi,
What exactly does the declaration say?
Kind Regards
Al
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Customer reply replied 3 years ago
1".That my 1/6 interest in the properties should go to the individual." The Declaration was signed in 2003.
Solicitor: Aston Lawyer, Solicitor replied 3 years ago
Hi,
Thanks.
Not sure if you have quoted the full wording of the declaration, but if the document indicates that your sister has declared that her 1/6th share is to pass to the individual, or that her share is held on trust in some format for the individual, then it is a binding document.
If there was any dispute as to its validity, any Court looks at what your sister's intention was and if it was for this individual to have her share, then that is what the Court will say should happen.
Kind Regards
Al
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Customer reply replied 3 years ago
2.The declaration has nothing to say she was holding her 1/6 on behalf of the named individual.
Solicitor: Aston Lawyer, Solicitor replied 3 years ago
Hi,
Are you able to forward a copy of the declaration?
Al
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Customer reply replied 3 years ago
I am unable to forward the declaration.However,t he main points without addresses etc.
1.That my 1/6 interest in property situated (address given) which I am entitled by virtue of Voluntary Conveyance dated 13/10/1986
2. Same as above for second property.
3.I trust that my family will comply with my wishes and declaration.
4.I hereby devise my interest in the above properties to the individual.
Solicitor: Clare, Solicitor replied 3 years ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,302
Experience: family solictor with 25 years experience
Verified
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which part of the Uk are you in?
Clare
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Customer reply replied 3 years ago
I am in Essex.
Solicitor: Clare, Solicitor replied 3 years ago
Hi
What was her relationship with the person who she named; and what were the circumstances in which this document was produced?
Clare
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Customer reply replied 3 years ago
She had been a Ward. My sister had no children. A copy of this document was handed over by a family friend.
Solicitor: Clare, Solicitor replied 3 years ago
Hi
Without seeing the Document it is hard to be certain if it is actually a Declaration of Trust - in which case the share does indeed now belong to her Ward.
If it is just an expression of wishes then it is not valid - UNLESS the Ward has acted to her detriment on the basis of the written agreement.
I am sorry that I cannot be more precise but at present it is impossible to be certain
Clare
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Customer reply replied 3 years ago
Thank you Clare. The document is not a Declaration of Trust. Just a wish by my late Sister.
Solicitor: Clare, Solicitor replied 3 years ago
HiThen unless the Ward has acted on the basis of it to her detriment it is not bindingClare
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