Q & A: A locket of love

April 2, 2017 by Leigh-on-sea.com


Question: My gran died recently.  From when I was a little girl she had always promised me her locket but now that she has died, my aunt has told me that my gran gave it to her 2 years ago as a present!  I am gutted; surely it should be mine?

Answer: I am really sorry to hear that this has happened, and I wish that I could give you a positive reply. Sadly,even if your gran had written the gift in her will, but then gave it away before she died (provided that she gave it willingly and was not forced to, or it was not taken without permission), then unfortunately the fact that she did not own it when she died means that the gift on death fails.  In fact, the promise in of itself is not usually legally binding unless actually written in a will.

This article is by Melinda Giles at Giles Wilson Solicitors.
For legal advice please call 01702 477 106 or visit one of Giles Wilson's offices: 1711 London Road Leigh, 54 Leigh Broadway, 5 Roche Close Rochford
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If you would like to put forward a question to Melinda, please comment below or email joanna@leigh-on-sea.com


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