Inheritance

[1nheritance]

This came up in conversation today with dsis and we wanted opinions although I know is nothing to do with us as such.
Our dad was one of 3 siblings who all had DC. Sadly aunt died a couple of years ago. Grandparents have always stated that any money left will be split between their children. Since aunt's death they have mentioned 'should be a decent amount between the 2 of them' meaning dad and uncle.
I feel something should go to cousins who mum has died, as eventually they would have benifited from her share if anything was left. I do not know if dad or uncle would give cousins anything when the time comes.
What do others think?

Next time it comes up in conversation with grandparents suggest to them that they should think about leaving some money for their grandchildren.

If this was me in these circumstances yes I would say your aunties kids should take her share.

This is very confusing and you need to specify the relationships better. Whose aunt? Who was married to whom? Are they children are adults?

So they plan to leave nothing to the children of their deceased daughter ?
That seems wrong on the face of it

The kids should get the share of their deceased parent.

I have seen this before though it is a little old fashioned. They mean to let their own direct issue have the benefit of the wealth and are not concerned with remoter relatives. Surviving two children can do a deed of variation or just make some outright gifts to their nephews and nieces.

Maybe your dad and the other sibling could make sure their late sister's children get an appropriate share.

Yes. It should be split 3 ways and the aunt’s share should go to her children.

Of course it should be split 3 ways with the children of the deceased one inheriting. Nothing else would seem fair to me.

There is no 'should' about it. It is up to the deceased to decide who gets their property on death - that is exactly what a will is for and it is mainly unassailable unless dependents are prejudiced. The executors with the beneficiaries can equalise after death if they choose to. That is exactly what a deed of variation is for.

Did the Aunt have a husband, if so he should get share, if not, I agree Aunts share should go to her DC.

This actually happened to me, I was one of those cousins. My natural father died when I was very young. When my grandparents passed the will was for their estate etc to be split between their children for them to then help their children (my grandparents grandchildren). This meant me and my brother got nothing. Felt pretty awful listening to cousins enjoying holidays and house renovations lol. My brother broke all ties he was so upset. It made us feel like we didn't exist yet we had good relationships with everyone.

Might be worth telling them the family dynamic implications it could have

It comes down to the wording of the Will, as it may provide that the aunt's share goes to her children (most professionally drafted wills will cover this). If it's silent the. S33 of the Wills Act will apply and the children will get the share.

www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33

This is the bit of the law that covers it.

I'm glad to see others agree that they should get a share. We are all adults and I am close with cousins, I would hate for this to cause upset in the family.
I will try and find a way to bring up to my dad and find out if he plans to split anything he may get

This really is none of your business. If anyone should bring it up it should be your dad or your uncle. But for grandchildren to start getting involved in how the grandparents should be divvying up their will really isn’t your place.

It may be that provision has been made in the will e.g. that the terms haven’t been changed and so the aunt’s share would automatically divert to her children.

It may also be that your grandparents feel it would be unfair to leave money to one set of grandchildren and not another.

If your dad and uncle are decent people then they should do a deed of variation to ensure some of the money goes to your cousins.

But tbh this idea that we should get involved with telling people how they should write their wills is really distasteful.

I think often solicitors advise a will to be written that states that if any beneficiary pre diseases the will make that their share goes to the decedents of the (usually) child of the will maker.