We are administering a case where the Will (homemade) leaves a legacy of ‘my half share of my property to my partner…’. Upon the death of the Testatrix, she in fact owned 100% of the property. Upon checking the property title, there is a restriction stating that no disposition can be made without the consent of the partner.
Partner has since died prior to the completion of the administration of Testatrix.
Does half of the property pass as per the legacy and half form part of the residue?
My thoughts are that the restriction relates to a possible declaration of trust in favour of partner however we cannot locate any paperwork. Purchase of the property was in 1996, we have contacted the conveyancer who dealt with the purchase but understandably they do not have any paperwork.
Any thoughts on how to proceed with distribution?
APS Legal & Associates