Wills and tricky questions

An interesting one I think

7 messages
cougie    pirate
01/04/2013 at 18:43
A distant relative died recently. Before he died he'd ordered some building work for the house he and his wife lived in. It hadn't been done yet and he died. In the will he's promised a certain amount each to his grandchildren. His son has cancelled the building as he thinks there's not enough money to pay for that and the gifts to the grand kids. Any ideas ? (makes note to make will) To me that sounds a bit odd. What if he had promised a silly amount to them - would the widow have to sell up to honour this ? Surely the building work should take preference as that was a recent commitment - not a wish of his will ? I'm no lawyer but I think he would have preferred the building work and the grand kids getting a bit less each ?
01/04/2013 at 18:56
I'm sure a bequest can only be paid if there is money in the estate ?

The property surely would pass to his widow, and no longer be part of the estate ....

Sadly think you need a solicitor
kittenkat    pirate
01/04/2013 at 18:56

Surely a will goes through channels cougs? It's usually left in order to the people who are left and their order of death.

If not, everyone has to adhere to the will as it was his money, so in legal eyes...

And yes, his widow would have to sell up, I'm not saying it's morally right, but the law will trump.

01/04/2013 at 19:04
Depends KK if the house was jointly owned or in his name only...

We had great fun setting up our wills when we got married and who owned the property jointly or singly was an issue
01/04/2013 at 19:21

Is the son the executor of the will?  If not, whoever is has responsibility for settling the estate.

I think you need a solicitor for this one, sounds like the son is looking out for his kids interests rather than anyone else's.

cougie    pirate
02/04/2013 at 09:50
Thanks for that chaps. I'll check that a solicitor is doing his thing.
02/04/2013 at 10:46

Is the son the executor under the will?

Was the building contract cancelled lawfully, or was it a breach of contract to "cancel" it?


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