UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

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

Customer Question
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: 2 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 14 minutes by:
6/28/2015
Solicitor: Aston Lawyer, Solicitor replied 2 years ago
Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10,794
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
Ask Your Own UK Law Question
Customer reply replied 2 years ago
Thank you for your response.
Solicitor: Aston Lawyer, Solicitor replied 2 years ago
Thanks.
If I have assisted, I would be grateful if you could rate my answer.
Kind Regards
Al
Ask Your Own UK Law Question
Customer reply replied 2 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 2 years ago
Hi,
What exactly does the declaration say?
Kind Regards
Al
Ask Your Own UK Law Question
Customer reply replied 2 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 2 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
Ask Your Own UK Law Question
Customer reply replied 2 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 2 years ago
Hi,
Are you able to forward a copy of the declaration?
Al
Ask Your Own UK Law Question
Customer reply replied 2 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 2 years ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,215
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
Ask Your Own UK Law Question
Customer reply replied 2 years ago
I am in Essex.
Solicitor: Clare, Solicitor replied 2 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
Ask Your Own UK Law Question
Customer reply replied 2 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 2 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
Ask Your Own UK Law Question
Customer reply replied 2 years ago
Thank you Clare. The document is not a Declaration of Trust. Just a wish by my late Sister.
Solicitor: Clare, Solicitor replied 2 years ago
HiThen unless the Ward has acted on the basis of it to her detriment it is not bindingClare
Ask Your Own UK Law Question
Was this answer helpful?
Ask Clare Your Own Question
Clare
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,215
35,215 Satisfied Customers
Experience: family solictor with 25 years experience

Clare is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

35,215 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
Has there been any change to the law since you gave the
Hi has there been any change to the law since you gave the answer to this question? https://www.justanswer.com/uk-law/7go9s-hi-please-tell-uk-laws-regarding-reading.htmlI see it is from 2013 and would… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,855 satisfied customers
I got a text message from a police officer, followed by a
Hi, I got a text message from a police officer, followed by a call. This is what the text message says: " I am ******. I am investigation a crime for which you are a suspect please call me on ***** to… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers
My 79 year old mother was subjected to a verbal attack by a
Hello,My 79 year old mother was subjected to a verbal attack by a refuse collection officer for leaving her bin out at the rear of her property. The local authority are aware she is a vulnerable indiv… read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,430 satisfied customers
Question for JimLawyer Is there any case law on appeals
Question for JimLawyerIs there any case law on appeals where there was no cross examination of a party… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers
Question for JimLawyer, are there any appeals related to
Question for JimLawyerHi Jim , are there any appeals related to Article 6 right to a fair trial ?… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers
Judge Question What steps need to Occur in a trial for it to
Thomas Judge QuestionWhat steps need to Occur in a trial for it to be considered a fair trial ?… read more
ivorylounge
ivorylounge
44 satisfied customers
Fine oh my Gosh thanks I am gathering some information for a
fine oh my Gosh thanks I am gathering some information for a prison inmate case. dont know where to start … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers
I believe a bank account in my name was opened at a bank in
I believe a bank account in my name was opened at a bank in Southend betwen Sept 6 2001 and 23rd Sept 2008 whilst I was resident and working in the USA. Can i ask the bank under the FOI to confirm or … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,430 satisfied customers
I'm attending a police station tomorrow because the police
Hi, I'm attending a police station tomorrow because the police need to follow up a reporting of criminal damage and harassment. What can I expect? … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,430 satisfied customers
My husband made my step daughter the owner and manager and
my husband made my step daughter the owner and manager and shareholder of his company about 7 years ago , now he is termanally ill , on his death bed, we have 3 young kids under 5yr old from our marri… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers
I am one of the executors of a will and a member of the
Second opinion] I am one of the executors of a will and a member of the family (A) issued a caveat in order to prevent the issue of a grant. I served a warning and A's solicitor lodged an Appearance c… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers
A demotion of work due to a reorganisation. No performance
A demotion of work due to a reorganisation. No performance issues, no change in a package … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I have signed a contract with a website designer and I am
Hi I have signed a contract with a website designer and I am outside of the 14 day limit to cancel. I believe they have breeched their own contract by failing to provide the service as agreed before d… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers
Question for JimLawyer is there any case law on appeals
Question for JimLawyerHi Jim is there any case law on appeals where a judge has made a decision against the weight of the evidence before him ? These are all family civil relevant… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers
Thanks I have a question. I was arrest for threat to kill.
hi thanks I have a question. I was arrest for threat to kill. but the whole thing is a made up because one neighbour in our block. … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,430 satisfied customers
I am a member of the medical deference union for many years,
I am a member of the medical deference union for many years, therefore I am entitled to assistance in relation to clinical issues but the MDU is refusing to assist and they are saying their assistance… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers
I have an issue. I am renting an ensuite room in London
hi, i have an issue. I am renting an ensuite room in London since beginning of april. the shower does not work. I havereported this to the agency 1.5 month ago and nothing was fixed yet. shall I keep … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers
We have 3 powers of attorney for my mum, she now lacks
We have 3 powers of attorney for my mum, she now lacks capacity. One has been handling all the financial affairs, although we all have that power. Can we ask the one who is handling her affairs to han… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
242 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x