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Legal Right Share form.

  • 01-12-2016 1:45pm
    #1
    Azizur Rahman
    Registered Users, Registered Users 2 Posts: 70 ✭✭


    Hello all. I had an interesting conversation with a friend about wills and probate. They told me about a situation they encountered that caused confusion.

    A farming spouse died and the living spouse claimed their legal right share. The personal representative wanted to appropriate some land from the deceased's estate to the value of the legal right share to the remaining spouse. The spouse refused this and demanded the personal representative to sell the land and other assets to generate money amounting to the value of the legal right share.

    The personal representative didn't want to sell land as the land would likely sell for less than it was valued at (value for Inland Revenue) Affidavit due to market conditions. This meant the personal representative would have to keep selling land until enough money was received to satisfy the legal right share. This would affect other bequeaths under the will.

    Can a spouse who elects to take their legal right share demand the share be in money? In this instance the farmer, like most, was cash poor asset rich. Is there precedent in this area? Thanks


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