Dear all
I wonder if you would be able to assist me with this. I have a client, X, whose mother died domiciled in Hong Kong, where the Will has been proven. In it, it appointed X as sole executor and beneficiary of all assets. There was a property in the UK, which has somehow been sold without a grant but now the LR won’t register the new owner without a grant.
Deceased’s spouse was also domiciled in Hong Kong and X wishes to now vary the estate in the UK so it passes to surviving spouse (to make use of the spouse exemption). However, X has used the sale proceeds to purchase another property and I am unsure if this would be something which can now be varied. I appreciate the original sale proceeds could have been but if there is a new asset in the name of the original beneficiary, can that be varied to pass across? This will still be within the time limit etc.
Any thoughts welcomed!
Shamima Begum
Lyndales