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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to want to burn the will?

7 replies

Dollymouse · 09/07/2018 20:04

Hi,

Horrid dilemma and just to stress I am NOT going to do any illegal.

Our beloved Dad passed away, he raised us on his own and today we looked at the will when we were looking to see if he had a funeral plan in place.

He wrote it some years ago about 3 years before his wife's (grown up) children completely turned against her, made false accusations and ended up with her in court facing 7 years prison and defending herself against some disgusting allegations. Naturally, this caused us all great pain and anxiety for more than a year and the children became estranged. My Dad in particular was devastated by this and the potential loss of his wife.

The will says that an equal share of his assets goes to those children. I hate those children, I don't hate anyone - but I do them and I have tried and tried to forgive them.

However, we are all emotional and we may be reading the will wrongly and it in fact leaves everything to my stepmum (which is fine). The words say

Pay all debts, funeral and 'death' expenses and hold the remainder on trust for my wife (name of wife) absolutely

So I assume absolutely means to her entirely

And then it says *Subject to that the exexutors shall divide ...and then it goes on to divide first between us and then between the step children.

So subject to....does that mean if the wife is no longer alive?

I am so worried about this - we know we have to follow the proper channels but the best outcome is that everything goes to his wife.

Sorry to ask for legal advice - but we are so worried! Hate legal jargon.

OP posts:
mineofuselessinformation · 09/07/2018 20:16

Your dad's wife needs to urgently see a solicitor to clarify. It will be well worth the money just to clarify if she can't get a free half hour.

AnastasiaVonBeaverhausen · 09/07/2018 20:18

If can't afford a solicitor, a decent will writer on recommendation will decipher it for you.

DailyFailstinks · 09/07/2018 20:18

It goes to the wife. The children only inherit if she has died.

Pitapotamus · 09/07/2018 20:22

I’m a solicitor, it goes to the wife. Only if she has died before him does the next bit of the will take effect.

I guess the next thing to check is what the wife’s will currently says, because it all goes to her now and assuming she doesn’t spend it all in her lifetime it will then pass in accordance with whatever is in her will.

Dollymouse · 09/07/2018 20:47

Thank you all! Particularly Pitapotamus. We thought this was the case, but we are all so tired and emotional we were getting very confused.

Thank you for you advice.

OP posts:
BrownTurkey · 09/07/2018 20:57

Sorry for your loss and the past pain this is bringing up. Good mews from other posters.

MrsMozart · 09/07/2018 21:05

Sorry for your loss lass Flowers

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