Legal Question in Wills and Trusts in United Kingdom
Change of property circumstances after death
Hi,
I have a query relating to an inheritance issue. I was left a large farm in Devon by a close relative. There were plans,however, before he died to build a road through this farm. The plans and maps for the road were available before he died and the amount of land to be taken by the road was 20 acres. He stated in the will that the ''monies for the road'' was to go to another relative of mine. After he died, the plans for the road changed and now 60 acres is to be taken from the farm for the road - should the other relative receive the money for the whole 60 acres or just the money for the 20 acres? i.e. would the money for the land planned for the road at the time of death be the other relatives inheritance or does their inheritance change with the changes in the road plan?
Thanks
1 Answer from Attorneys
Re: Change of property circumstances after death
A Will Speaks from the moment of death. Thus at the date of death of your relative you became beneficially entitled to the farm and the other beneficiary to the money for the the road. Entitlements are established at this time.
If as would appear to be the case subsequent to the death and establishment of entitlements, the Council (or whoever) decided they wished to acquire a further 40 acres this will be part of land already belonging to you and to which you will be entitled to payment. I am therefore of the opinion from the limited facts provided that the other relatives is only entitled from the estate to monies representing the 20 acres.
This is clearly a matter where a substantial sums are involved and it must be appreciated that this is only an initial opinion without site of the will or knowledge of relevant dates. We will be happy to give a fully reasoned opinion with authorities on request.
Andrew Dutton
www.legal-zone.co.uk
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