Inheritance one

It's nothing to do with what GC2 thinks! It's what the will says that matters.

https://www.irwinmitchell.com/personal/probate/probate-guide/beneficiary-rights#:~:text=Technically%2C%20you%20only%20have%20the,the%20executors%20could%20theoretically%20refuse

Assuming you are DC3 and if DC2 is 'technically' correct that you and they get 45% each:

I'd be unilaterally seeking a variation to mean 'my' extra 15% does indeed go to GC1 and GC2 even if GF and GM intent can never now be known.

If DC2 chooses to not match your kind approach then so be it. I could live with that if it was me (ie DC2 getting more than me).

But I'd make it clear I judged them for it and thought they were doing the wrong thing morally (But equally I would move on and still be a loving sibling moving forward, and also let them know that was my intent).

It would be a cold hearted person in DC2's position to not follow your lead, but as I say, even if they didn't then so be it.

No it's not too late once probate has been granted.
My understanding is that legally no one other than executor(s) has a right to see the will but beneficiaries can sue the executor if s/he/they have been negligent or fraudulent after probate has been granted.
It would make more sense for open discussions to take place before getting to that point but that may not be possible

www.jmw.co.uk/services-for-you/will-disputes/blog/can-executor-be-sued

Well I second the pp who stated it will depend on the contents of the will.
An executor who fails to carry out their duty commits a criminal offence. It's the only law content I remember in full.
Please speak to a solicitor.

The grandchildren of the deceased child should inherit their parents share plus their share of the grandchildrens 10%.

I’m in a similar position but it’s really awkward to ask for a copy of the will (before probate) without seeming grabby and possibly causing family fall out. If I wait until probate is granted will it be too late? The executor has not been forthcoming which makes me think I have been left out?

it keeps coming back to the wording of the will though. That is the starting point and everything else is just speculation

It is not unreasonable to insist on seeing a copy of the will, then you will know for sure. The fact the executor has withheld it looks suspicious, you may want to point this out to her. She will gain nothing from it in the long run, either she's right in which case so be it, or she's wrong which would open a world of pain and could even use up all the money in legal wrangling, which could go on for years.

Yes you need to see the will, it is what I like PP check so when my FIL did his will I checked it said that if DH pre deceased him it would go directly to our children and my parents have the same

Are you DC3

Appoint your own solicitor and get them to find out the contents of the will. A solicitor's letter to the Executor will often unlock an awkward person who isn't playing by the rules and isn't being transparent with the beneficiaries.

Hoping it's written in favour of the gc OP & if not that the dc request a DOV. Hope you can see the will asap

I’m my family the share of the deceased child who pre deceased their parents will go to the grandchildren. I think that’s the law; the executor has a legal obligation to distribute it as the law not to sneakily share it sideways with their sibling. If the executor has nothing to hide they should send you a copy of the will.

I’m a solicitor and had to spend a year at law school doing a a wills paper with scenarios like this as exam questions!

It is 100% down to how the will is written. End of. Doesn’t matter what people think is fair or what should happen. The will will either provide for the child’s share to pass to the grandchildren or it won’t.

It is a very common oversight in off the shelf (eg from WH Smith) wills for this scenario to not be anticipated. As my father predeceased his parents I’m quite personally sensitive to it too. It’s one of the key flaws I look for when friends/family as me to look at their draft wills - so OP please do be prepared for the relevant grandchildren to only get the grandchild distribution. Conversely, if the will is written such that the deceased child’s share goes to the grandchildren then that is a cut and dried case and the estate should be administered appropriately.

edited to add: the IHT guidance posted above explains when the gift doesn’t lapse and that is spot on but it all keeps coming back to the wording of the will eg it will lapse if it has wording like “those of my children alive at my death”.

it keeps coming back to the wording of the will though. That is the starting point and everything else is just speculation.

Similar happened when my late grandmother died, except there were no bequests to the grandchildren.

Six children, one predeceased the grandparents. The will didn't specify about remainder to children of a deceased child, but of the five remaining siblings only one argued that the estate should be divided five ways. The other four insisted that the estate be divided 6 ways with 1/6 being divided between the 3 children of their deceased sibling. The four won the day and it meant the world to my cousins that their late mother hadn't been 'forgotten' by the family even though she herself wasn't alive to benefit from the estate.

It made the children feel like they weren't family.

That's awful. The 30% that would have gone to GC1 and GC2's parent should be split between them.

You cannot get a copy of the will until probate is granted. If it has not yet been granted and you have reason to believe the executor may not distribute the estate in accordance with the will and they will not provide a copy then I suggest you consider issuing a caveat. This will prevent the executor from getting probate without you being informed, and will force communications. Of course the best thing to do is request a copy of the will first, if that has not been done. Here's some info (I have no affiliation with the solicitors - it is just the first thing I found online to give you the info)

www.wilsonbrowne.co.uk/guides/what-is-a-caveat/#:~:text=A%20Caveat%20prevents%20a%20Grant,issued%20by%20a%20Probate%20Registry.&text=There%20is%20a%20real%20concern,a%20copy%20of%20a%20Will.

• a gift in a Will to a child or remoter issue of the testator or testatrix (IHTM12001) will not lapse if the dead beneficiary leaves issue (children) who are alive at the testator’s death (in England & Wales, the Wills Act/ S33 as amended by the Administration of Justice Act 1982/ S19; in Northern Ireland, article 22 of the Wills and Administration Proceedings (NI) Order 1994). This does not apply where the gift is a life interest.

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

Ask for a copy of the will and then see a solicitor

The will will eventually be put online, when probate is granted, I think, so you can check the exact wording. You can also do a deed of variation to change something that doesn't seem right. So if DC2 and DC3 agree that the will isn't fair, they can agree to change it so each child of DC1 get 15% plus a share of the GC 10%, and DC2 and DC3 get 30% rather than 45%. If DC2 won't agree to that, DC3 can still do a deed of variation reducing their 45% to 30% and giving 7.5% to each of DC1's kids.

Yes, you need a copy of the will. Morally, I think the GC who lost a parent should get the parent's share. But you have to go by what the will says.

DC2 is wrong. The GC should get their parent's share

My DF was a solicitor and had to represent quite a few cases like this.

My strong advice would be that GC should seek legal advice ASAP

What is dc3's position? I mean are they just accepting of what dc2 says? Or do they want to see the will?