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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be fighting about FIL's will

178 replies

Angelofod · 10/02/2019 22:22

So my husband's father died last year rather unexpectedly. Anyway fast forward to sorting out his will and he has put in there that there is 10k to be split between his grandchildren. When he died we were expecting our first child, he already had 3 grandchildren from his eldest son, one of which has been adopted by another family and the other 2 are in care. I'm not saying they shouldn't get their share but do you think my child should too? FIL knew we were expecting and he was so excited to be having a grandchild he would actually see and be able to have a connection with! We were all utterly devastated when he passed. The only issue is the person sorting the will out doesn't think my child should receive anything as he wasn't born when the will was made or before his grandfather died. I just can't help but think FIL would have definitely wanted our child to have a share, the will still hasn't been sorted and my child has been born now and is still a grandchild.

OP posts:
Somethingsmellsnice · 11/02/2019 15:41

In England, children born after (but conceived before) the death of a parent are generally treated as a child of the deceased for the purposes of inheritance and succession. I am not sure however how this relates to the unborn grandchild but as the unborn grandchild was conceived at the time of death I suspect that that child would join that class of beneficiary (ie. the group consisting of grandchildren) upon its birth. Definitely seek legal advice on this point.

As people have already said children that were in the family but are adopted outside of the family do not remain part of the family for inheritance purposes unless they are specifically mentioned by name in the Will.

I would repost again in legal as there are a number of lawyers who hang out there and I bet you will get a definitive answer there.

Fowles94 · 11/02/2019 16:12

2.5k would mean a lot to our family however i wouldn't bother with all that just to get it.

VanGoghsDog · 11/02/2019 23:11

@SilverySurfer

She has had a definitive, and correct, answer. She just doesn't like it.

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