Willed property
My uncle left me his shares in a business and some property shortly before he died of a brain tumour. He was medically examined at the time of making the will to ensure he wasn’t confused. His tumour meant he had episodic confusion.
Following my uncles death, his brother claimed that all the shares had been sold to him at a period after he willed the shares to me and before his death.
they provided a signed bill of sale and said they had paid my uncle £50,000 cash. He was bedbound at this point and had difficulty talking and comprehending. No-one witnessed the transaction and no-one saw any cash. He had carers every day, they saw nothing.
Can I challenge this?
My uncle’s brothers solicitor said it was a valid bill of sale and he did not need a medical examination to sell his property. What can I do in this situation?
Re: Willed property
it would seem certain that the gift of the shares in your uncle’s will is valid and the only question is whether they formed a part of his estate on his death. If not the gift is likely to fail although a reading of the will is necessary before I could finally advise.
Whether or not the shares were effectively sold to the brother must depend upon the evidence,and in particular proof of payment of £50,000. You have a right to require the executors of the will to look into this as part of their duties in administering the estate. They have a duty to you as a named beneficiary to the will. I presume that your uncle’s brother is the executor and has instructed solicitors in the administration. It should be pointed out to them that the Bill of sale can only be valid if there is evidence of the money being paid. If it was indeed paid there must be evidence of this either by such a large amount passing out of your uncle’s bank account, or by payment into his brothers account. I believe that if this evidence can not be produced there would be good grounds for showing that this was not a bono fide sale.
to advise further however I would need additional information including relevant date this and the value shares. Please do not hesitate to contact me if I can help further.
Andrew Dutton
http://www.legal-zone.co.uk
Andrew@legal-zone.co.UK
Andrew Dutton
Legal -Zone
http://www.legal-zone.co.uk
Admin@legal-zone.co.uk, NUS WR13 6AW