Areas of Law / Wills and Probate

A relative left part of her estate in her will to a children’s home which was part of the NHS at the time but which has now closed. During her lifetime she always paid for private medical care, so she certainly would not intend the money to go to the NHS. Can I now make a claim on this money?

If the children’s home was regarded as a charity then the gift in the will may have to be used for some other charitable purpose. You may need specialist advice on this. If the gift “fails” – ie there’s no-one to receive it – it will fall back into the residue of the estate. A will normally stipulates who is to receive the residue, but failing that it will go to the nearest relative under intestacy rules. That may or may not be you.

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