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Can I ask "Are you alive?"
Submitted by Forum_Admin on 2 December, 2004 - 12:57.
In common with many charities we subscribe to an agency search of the Probate Registry. We have received notice from the agent that we are a residual legatee "if husband does not survive her by 30 days". It looks as if the executor is a personal appointment rather than solicitor.
It seems indelicate to enquire wheher the spouse is alive because we have an obvious interest in the answer being no! I don't want to upset anyone, but neither do I want to neglect the charity's interests.
How do others deal with this situation?
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Re: Can I ask Are you alive?
Could you not phrase it in a way that doesn't mention the spouse, but leaves it to the executor to look at the terms? Something along the lines of "We understand there is a possibility that we may be a legatee. Please can you confirm whether this is the case."