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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:
MouseMama · 21/07/2024 16:03

Has the executor had the solicitor look at it? In almost every will I’ve seen they’re written so that if a child of the deceased dies then the inheritance goes to their children unless there are none in which case it goes back to the main pot.

However wills are not always super easy to read as a clause explaining that would usually refer to a person’s “issue” rather than children and the provision might be in an explanatory clause a little away from the main provisions or even possibly incorporated by reference to statute.

So I’d ask for a copy of the will and if it’s not forthcoming then buy one online if/when probate is granted.

Notreat · 21/07/2024 16:02

It depends what the will says. But morally and what I would want if it was my will would be for the deceased child's children to receive their parents share of the estate

Thedayb4youcame · 21/07/2024 15:56

Ponderingwindow · 21/07/2024 15:50

it would be an unusual will if the grandchildren would not split the deceased parent’s share.

copies need to be viewed.

How would it be so?

Luminousalumnus · 21/07/2024 15:55

Get a copy of the will as is your right. Until you know what the will stated and the exact wording, you have no way of establishing who is entitled to what.

Sunnydiary · 21/07/2024 15:55

Oh yeah. What about GC2?

Thedayb4youcame · 21/07/2024 15:55

Unless the will says otherwise, if a beneficiary of that will is already dead when the will comes into force, that share goes back into the pot because that share of the inheritence has now "failed". The quickest Google searches will tell you this.

If as a family you wish to distribute it as if 1/3 of the 90% had gone to DC1, the solicitor can arrange a deed of variation, assuming everyone agrees.

GF & GM should have changed their will.when DC1 died, if they were that concerned about how the will was going to be split following DC1's death.

ARichtGoodDram · 21/07/2024 15:55

It would be highly unusual for the DC’s share not to go to the GC.

Perhaps someone should remind the executor that they can be held personally responsible if they don’t distribute as the will says they should.

Their thoughts on what should happen are irrelevant

Sunnydiary · 21/07/2024 15:54

It’s irrelevant what you think, what DC2 thinks, or what anyone on MN thinks.

All that matters is what was in the will.

My father had one sibling. His mother died many years ago and left everything to my grandfather. My father predeceased my grandfather. When GF died he left everything to my aunt.

My will states that if either of my DC predeceases me, their 50% will go to any grandchildren. In the absence of GC, the surviving DC gets the lot.

You need to find out what was in the will.

Ponderingwindow · 21/07/2024 15:50

it would be an unusual will if the grandchildren would not split the deceased parent’s share.

copies need to be viewed.

harriethoyle · 21/07/2024 15:49

Our wills are split 3 ways. We have stated if any of the three dies, their share goes to descendants. If no descendants, split equally between remainder of 3. All explicitly stated. I think that if not explicitly stated it goes to descendants of original 3, it would just be split equally between survivors.

GoogleWhacked · 21/07/2024 15:45

DF & GM recently died in quick succession. GC1 will inherit 1/60 th of the estate
What is GC2 getting? You've said DC1 left behind two children.

Anyway, I agree with PPs. The will needs to be shared.

ZippyKoala · 21/07/2024 15:41

What DC2 believes the GC should have is irrelevant.

In any good (e.g. professionally written) will this point should be very clear, and the default, as others have said, would usually be that DC1's share goes to their children. Of course if something else has been specifically stated in the will then that stands.

It is also definitely the right of all beneficiaries to see a copy of the will.

Michellebops · 21/07/2024 15:40

A beneficiary can ask to see a copy of the will, the executor may decide no however you can instructed a solicitor to obtain a copy.

Depending on the value of the estate a solicitor may need to be involved and ensure accuracy.

Sounds like dc2 is being sneaky and likely trying to get more money than they are entitled to.

The will is a legal document and failure to follow the wishes is not a wise move

MissScarletInTheBallroom · 21/07/2024 15:40

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.

The will needs to be shared so that all the beneficiaries and their guardians can see what it says and who is entitled to what.

Wimbledoner · 21/07/2024 15:37

You can view the will online.

Allie47 · 21/07/2024 15:37

You need to what exactly was written in the will, without that it's impossible to say but usually it would still be split 30/30/30/10 with the GC getting 30%+1.6% presumably the other GC will inherit from their own parents at some point.

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.

OP posts:
ConcernedOfClapham · 21/07/2024 15:34

Search me. I can't keep up with all these initials Confused

Wimbledoner · 21/07/2024 15:32

It depends on the wording of the will so order a copy online.

TerrorAustralis · 21/07/2024 15:29

This happened on both sides of my family. In both cases the GCs inherited their parents’ share. Everyone agreed that was the right and fair thing to do.

Edited to add: DC2 as beneficiary and executor seems to be behaving to benefit themselves instead of all the beneficiaries. Seems dodgy as hell.

justrecognisedmyneighbouronhere · 21/07/2024 15:29

Normally if children pre decease parents their share either goes back into the main pot and divided between beneficiaries or their share goes to their children.

So in this case if my understanding is correct 2 out of 3 children have predeceased their parents. So in effect their share will either go directly to their children as well as them getting their portion of the 10%. Or their share will all go back in the pot so to speak and 90% will go to remaining child and 10% to grandchildren.

VerasMacAndHat · 21/07/2024 15:27

Izzynohopanda · 21/07/2024 15:24

Unless the will has been changed, surely dc1 will still inherit, but her portion will be distributed according to her will (which I presume is her dp and dc).

Before dc 1 passes away , dc1 gets 30% gdc 1 and 2 get 1/6 of 10% each.

After dc1 sadly passes away, gdc get 15% (dc1share) and 1/6 of the 10%

(predume dc1 left all money to her children. If left to dp, then dp inherits the 30%).

It's nothing to do with dc1's will. It depends on the grandparents' will.

LadyMacbethWasMisunderstood · 21/07/2024 15:25

It depends on what the will stated. Usually the grandchildren get the parents’ share split between them. But not always. It entirely depends on the terms of the will. You will need to see a copy to see which is right.

macaroniandcheeze · 21/07/2024 15:25

Oculusopen · 21/07/2024 15:20

90% is now being split 45-45, with the 6 grandchildren still splitting the remaining 10%

I can see the logic but wonder what the legality is if the DC1 is still named in the will.

It feels really mean that the other grandchildren will potentially benefit from their parents share of the inheritance (might be saved for them in the future, help to buy a home etc) but the grandchildren who have lost a parent have also lost that potential support.