Property Left In Will

[lorash]

If property was left to two sets of grandchildren but one set of grandchildren had moved away and didn't know about the bequest and the other grandchildren then sold the property keeping the profits to themselves, could anything be done 40 years down the line ?

[jomifl]

Was there an executor?

[lorash]

Not sure but think it was the two fathers of the grandchildren but the properties were left with the tenants in until much later when the two fathers had died.

[DJHawkes]

have you found the will on ancestry? it will tell you the executors, what was the name and date of death i can look it up for you if you like, will only take a minute

[DJHawkes]

actually the index online only goes up to 1966.

[lorash]

Yes. The executors were definitely the two fathers I.e. the grandmothers sons - the grand children's fathers.

[lorash]

What I would really like to know is is it too far in the past now and however it was meant to be is irrelevant now? Any ideas?

[murraymints]

I don't think it's too far back...as long as you have the will in question..I'd get some legal advice....

[lorash]

Thanks to all. I shall study it all again and go from there

[Hypognosis]

Hi Lorash,

most of us are not qualified to answer the question. Those who are will identify themselves, provided the thread gets bumped often enough to be seen when they're online.

You haven't yet made it apparent whether you stand to gain or lose from rectification of what might be termed "improper execution of a will".

Then again, perhaps you shouldn't, so that you obtain an unbiased answer?
:-)

Most of us have probably heard of "statute of limitations" but only in a context (TV!) where I do not know in which areas it is, or is not, applicable.

The thing is, if a 40-year-old will can be contested by a beneficiary then where is the line actually drawn? Are we going to be subjected to land-grab claims by our overseas cousins based on centuries-distant ancestors who got swindled in the same way?

I can't claim it as being "common sense" but I think it would be perfectly reasonable to assume that if an individual is named as a beneficiary in a will and is still alive to dispute it, then that will cannot be deemed to have been correctly and completely executed until all its beneficiaries agree that they have received what was specified to come to them.

In fewer words, 40 years should be no obstacle to the other set of grandchildren getting what was willed to them.

I have no idea whatsover of what the legal consequences of improper execution of a will would be, other than it probably constitutes fraud.

[lorash]

Very interesting answer thank you which has certainly provided food for thought!

[cassa333]

It wouldn't be contesting the Will it would be theft.

Contact the fathers and ask where the other grandchildren's share is and when they will be getting it and see what they say.

Then go to the police.