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AIBU?

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Inheritance one

134 replies

Oculusopen · 21/07/2024 15:08

GF & GM wrote matching wills about 15 years ago. They split 10% of their estate among all grandchildren - 6 GCs. 90% of estate to be split equally among their 3 DCs: DC1, DC2 & DC3.

A couple of years later (10 years ago) DC1 died leaving behind GC1 & GC2. DC2 & DC3 took good care of GF & GM. GCs also visited regularly but were not involved in day to day care.

DF & GM recently died in quick succession. GC1 will inherit 1/60 th of the estate.

Does this seem right?

OP posts:
VerasMacAndHat · 21/07/2024 16:37

harriethoyle · 21/07/2024 16:31

Eh?

It’s a public declaration she wanted her children to inherit.

Someone who wants their surving dc to inherit more because a sibling has died rather than pass on the original bequest to the dc of the deceased is highly unusual. And it's unusual because the majority of people recognise that depriving your grandchildren who have already lost a parent is a shitty thing do

Thedayb4youcame · 21/07/2024 16:36

Oculusopen · 21/07/2024 16:35

DC2 is the executor and not very bright. She gets quite defensive when asked about things.

Thank you for the advice, I should be able to order the will online.

Have you actually googled it yet, as opposed to just reading the random thoughts of MN?

You may think DC2 is not "bright" and is acting defensively, but unless the will stipulates DC1's share goes to GC of DC1, DC2 is correct. Presumably a solicitor is involved anyway, and this won't get past them incorrectly.

LouOver · 21/07/2024 16:35

Who are you in this OP. If your the other child you need to support your nephew and nieces against your sibling.

DC2 might be correct if the will has been written that way but its morally repugnant and needs to be called out.

Oculusopen · 21/07/2024 16:35

DC2 is the executor and not very bright. She gets quite defensive when asked about things.

Thank you for the advice, I should be able to order the will online.

OP posts:
Hesma · 21/07/2024 16:33

DC1’s share goes to their children so yes, seems fair to me

LewishamMumNow · 21/07/2024 16:32

harriethoyle · 21/07/2024 16:27

That was what she wanted hence her chosen wording - why did it leave a sour taste?

??? Er, I wonder.

harriethoyle · 21/07/2024 16:31

VerasMacAndHat · 21/07/2024 16:29

Eh?
Because it's a public declaration that the grandchildren meant nothing to their grandmother.

Eh?

It’s a public declaration she wanted her children to inherit.

LewishamMumNow · 21/07/2024 16:30

Wills are publicly available - although not immediately. You wouldn't be able to get it for several months, but you can go online and pay around a fiver to see it.
In the meantime, if you know the executor/solicitor and are yourself a beneficiary, then you should have the right to see it now.
Ordinarily you are right, but the wording on the will is critical. If the will is silent (unlikely if drawn up by a lawyer), the the default would be that any deceased child's share was split between their own children. For what you are saying to be right, there would need to be an express clause stating that if any child were to predecease them, then they didn't want their descendants receiving this - that is highly unusual.

VerasMacAndHat · 21/07/2024 16:29

harriethoyle · 21/07/2024 16:27

That was what she wanted hence her chosen wording - why did it leave a sour taste?

Eh?
Because it's a public declaration that the grandchildren meant nothing to their grandmother.

VerasMacAndHat · 21/07/2024 16:27

maisie123 · 21/07/2024 16:23

My MiL's will stipulated shared inheritance between surviving children. Sadly my husband predeceased her so our chn received nothing. All perfectly legal but left a sour taste and we now have nothing to do with them.----

That's really shitty @maisie123 The siblings had the option of doing a deed of variation and seeing that your dcs got the financial support they would have had from their df.
What selfish people. You and your dc are better off without them

harriethoyle · 21/07/2024 16:27

maisie123 · 21/07/2024 16:23

My MiL's will stipulated shared inheritance between surviving children. Sadly my husband predeceased her so our chn received nothing. All perfectly legal but left a sour taste and we now have nothing to do with them.----

That was what she wanted hence her chosen wording - why did it leave a sour taste?

maisie123 · 21/07/2024 16:23

My MiL's will stipulated shared inheritance between surviving children. Sadly my husband predeceased her so our chn received nothing. All perfectly legal but left a sour taste and we now have nothing to do with them.----

Cerialkiller · 21/07/2024 16:23

Get a copy of the will op. If dc2 is correct then fair enough (though dc3 and dgc need to strongly push for variation in that case imo).

But inheritance can bring out so much nastyness and I would want to double check the will myself. I would bypass dc2 to avoid giving them a heads up in the case of foul play and go to the solicitor or get it online for a small fee if at that stage.

Your wording about dc2 not sharing the will could be misleading unless he/she has been directly asked and then refused but on the face of it is suspicious.

Thedayb4youcame · 21/07/2024 16:14

GabriellaMontez · 21/07/2024 16:07

You need to see the will.

If its 10 years since dc1 died, they have had plenty of time to make sure it accurately reflected their wishes.

Exactly.

Thedayb4youcame · 21/07/2024 16:13

OnePeachCrow · 21/07/2024 16:06

My mother took legal advice on this. She wanted to leave everything to be split equally between my sister and I. Her solicitor advised that if one of us predeceases her the remaining daughter will inherit everything. She needed to put in a clause that if one of us predeceases her, their children get her share.

It isn't automatic.

Exactly, and a search engine will say this ovdt & over again.

When my parents died, there was nothing in the will to say that if a beneficiary had already died their share would go to X,Y or Z. So if I had died before them, under the law kf the land my share would have gone back into the pot.

This is why wills have to be specific and updated. My best friends mum died years ago. Best friends gran had split her will 50/50 with children ( this being my best friends mum and her mums brother).

When best friends mum.died, gran changed will to 50% her son, 25% to my best friend and 25% to my best friends sister. It was the only wat to ensure her two grandaughters got the 50% she planned to leave to her already deceased daughter.

Sorry, but it's really not that hard to understand.

VerasMacAndHat · 21/07/2024 16:12

Oculusopen · 21/07/2024 15:35

Splitting DC1’s share between her 2 children would have been the right thing to do.

DC2 has access to the will but has not shared it, so no one can see the exact wording. However, DC2 believes that the GCs should each have 1/60th end of.

Have you asked to see a copy of the will?

Exactlab · 21/07/2024 16:11

I used to draft wills. I’m not from the UK but you need to get hold of a copy of the will.

It is possible the will was poorly drafted or your relative is trying to screw you.

You need to see a solicitor and get a copy of the will. Only a solicitor can tell you.

Artificialhouseplant · 21/07/2024 16:11

"Did they write these wills themselves or with a kit from WH Smith?"

Why people do this I will never understand.

Artificialhouseplant · 21/07/2024 16:09

A decent solicitor will always add a clause detailing what must happen in the case you describe. DC2 is pulling the wool over your eyes. You are entitled to a copy of the will, but you may need legal assistance to get it.

LegendInMyOwnLunchtime · 21/07/2024 16:08

Did they write these wills themselves or with a kit from WH Smith?

If they used a solicitor it is likely that there were clauses about children of deceased Dc.

If they did it themselves they might not have thought of it.

WallaceinAnderland · 21/07/2024 16:07

Impossible to say without reading the will.

GabriellaMontez · 21/07/2024 16:07

You need to see the will.

If its 10 years since dc1 died, they have had plenty of time to make sure it accurately reflected their wishes.

Aligirlbear · 21/07/2024 16:06

macaroniandcheeze · 21/07/2024 15:21

The grandchildren should inherit their deceased parents share

Edited

Only if it says that n the will. Not everyone remembers to make allowances for this - sadly I have seen this clause omitted many times as no one thinks it will happen and then assumes it automatically works that way - it doesn’t unless the will explicitly says so.

OnePeachCrow · 21/07/2024 16:06

My mother took legal advice on this. She wanted to leave everything to be split equally between my sister and I. Her solicitor advised that if one of us predeceases her the remaining daughter will inherit everything. She needed to put in a clause that if one of us predeceases her, their children get her share.

It isn't automatic.

Slett · 21/07/2024 16:04

DC1 share goes to GC1 and GC2. Highly unusual to be otherwise - would definitely want to see will that states it goes to DC2 and DC3 instead!

My mum died young and I inherited this way twice (GP and great aunt).