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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To.ask if any solicitors on here could help me with understanding wording of a will ? I did ring the solicitors but they are now closed for good .

96 replies

Tiddleandplonk · 19/08/2021 13:55

My dear dad made a will which says he gives all his money to my step mum
And if she dies within 30 days of the will ... Which she hasnt...he gives the below to so and so..
My df stated as part of this that when my dc get to 21 years of age they should be given 10k each. .
Does this mean it was his wishws anyway.. or only if my step mum died in 30 days of the will.? Is it a way of saying he wanted them to have the money at 21.
?
As the solicitor in question is closed down
am not sure who to ask to clarify . Thank you.

OP posts:
kjack17 · 19/08/2021 13:58

@Tiddleandplonk yes they both get 10k each at 21.

HasaDigaEebowai · 19/08/2021 13:58

Any solicitor would need to read the whole document.

You can instruct any wills and probate (sometimes called private client) solicitor. Practically every law firm in the land will have one.

Dressingdown1 · 19/08/2021 13:59

I would say that if your stepmum has survived beyond the 30 days she gets the money. If she decides to give some to your DC that is totally up to her. You could get a solicitor to look at the will to confirm this interpretation.

HasaDigaEebowai · 19/08/2021 14:00

@Tiddleandplonk yes they both get 10k each at 21.

You can’t say that without seeing the whole document to ascertain whether that gift is only in circumstances where the wife died within 30 days.

TakeYourFinalPosition · 19/08/2021 14:01

What is the exact wording? That will matter here.

If it's written that he leaves everything to step-mum; but if step-mum died within 30 days then he leaves 10k each to A, B and C, to be distributed when they reach 21... then they'd only get that if step-mum died within the 30 days.

BumbleMug · 19/08/2021 14:02

From what you’ve written there it sounds like the clause that was in my Dads will.

It all went to my DM unless she died within set time. As she didn’t die it just all went to her and never passed on to those mentioned after her in the will. Those wishes only come into effect if the first person is dead or dies within set time frame.

Original poster
Tiddleandplonk · 19/08/2021 14:05

Thanks. I think that they wont get it then
. They are actually past 21 and did not get it. I just didnt undertand the 30 day thing . I wistfullu thought he was saying that it was his wishes . It would really help them .

OP posts:
TakeYourFinalPosition · 19/08/2021 14:10

@Tiddleandplonk Do check the wording, it's the vital thing here.

But the 30 day part means that if step-mum died soon after him, rather than his estate becoming part of hers, and therefore everything being left to whomever she left her assets too, he could decide where he wanted his part to go.

His wishes in that case were that your DC got £10k each when they turned 21.

If step-mum didn't die in that period, that clause didn't get "activated", so to speak, as the criteria wasn't met.

I'm sorry it's not what you thought. It's worth reading it again (you could anonymise it and post here, if you wanted) to check that you've understood it right, but if you're confident that's what it says, it sounds like it's been dealt with correctly Flowers

Whyo · 19/08/2021 14:15

As PP have confirmed it’s impossible to advise without seeing it in full (and even then it might not be entirely clear if it’s been badly drafted) but it sounds like a survivorship clause, that is it’s not owed to them because she didn’t pass within 30 days so they clause wasn’t activated.

Original poster
Tiddleandplonk · 19/08/2021 14:22

What i dont understand is 30 days what is the chance of that ? Seems odd to me or is it normal. ? !

OP posts:
DynamoKev · 19/08/2021 14:23

YABU - this needs looking at properly by an actual lawyer.

CecilyP · 19/08/2021 14:24

Yes it sounds like she gets it all, and having got it all, where do you think the 10k would have come from. She would be at liberty to spend it all by then. The 30 sounds like something put in place for if couples die together like as a result of a car crash or that kind of thing.

1BlueSock · 19/08/2021 14:26

@Tiddleandplonk

What i dont understand is 30 days what is the chance of that ? Seems odd to me or is it normal. ? !
28 days survival was a fairly common feature of older wills.

But yes the exact wording will determine things- get a real life probate solicitor to review the entire document.

viques · 19/08/2021 14:26

@Tiddleandplonk

What i dont understand is 30 days what is the chance of that ? Seems odd to me or is it normal. ? !
It’s fairly common, they could both have been injured in the same accident for example, but he died first , that sort of scenario.
ChainJane · 19/08/2021 14:27

It's quite a common clause to put in, because for example if there was a car accident one partner might be killed immediately but the other might not die until a few days later.

30 days would be used to get around the argument that sometimes happens of who died first. To use the car crash example, if both were killed simultaneously it would be impossible to determine which died first - it would simply be the case of which was confirmed first.

Wheretoeattweenandteen · 19/08/2021 14:29

And once its left to step mum, it's hers of course to do exactly as she pleases with.

maxelly · 19/08/2021 14:31

@Tiddleandplonk

What i dont understand is 30 days what is the chance of that ? Seems odd to me or is it normal. ? !
It's not an unusual clause, it can happen that both spouses die in an accident like a car crash or similar (and sometimes in that case one may survive the other by a few days or hours so technically would inherit before their death if there wasn't one of those clauses in). Or if both live to a good age and are infirm, one can sadly die within a very short time of each other. Obviously this isn't the case for the majority but solicitors often advise these clauses to be put in for these instances because people can wish that, if their spouse only survives them by a very short period of time, they would wish their 'share' of the money to go elsewhere rather than the ultimate destination of the full combined estates going to whoever is named in the survivor's will, esp as in this instance where it's a second marriage so separate children/grandchildren.

I agree with others that you need to look at the exact wording to know which scenario applies, any solicitor will be able to advise you if you show them the will, it doesn't have to be the firm that originally drew it up...

Original poster
Tiddleandplonk · 19/08/2021 14:38

I have photograped and anonomised the will . Am unsure how to put ir on here.

OP posts:
Soontobe60 · 19/08/2021 14:42

@Tiddleandplonk

I have photograped and anonomised the will . Am unsure how to put ir on here.
Under the box where you write your post are 3 boxes that say ‘choose file’. Click in one and then you can either insert a photo or take a photo. You have to write in the text box too though.
Original poster
Tiddleandplonk · 19/08/2021 14:46

It says ...
I give and bequeath all my estate unto my wife........
Absolutely given that she shall survive me for a period of 30 days.
If my said wife... shall not survive me for a period of thirty days then i direct clause 3 thereof shall not take effect and this my will shall be construed as if clause 3 had been wholly omitted therefrom and the following clausws of my will shall take effect in lieu of the above clause 3.
I give the following legacies absolutely;
To my grandson .... the sum of 10,000 upon his attaining the age of 21.
Same for dd.

OP posts:
Oblomov21 · 19/08/2021 14:46

Was the will done cheaply? Surely he should have made sure, that if he wanted his grand children to have 10k then it was written so. Your poor dc!

SchrodingersImmigrant · 19/08/2021 14:48

You REALLY should speak to a solicitor. While we know there are some here, anyone can pretend as well and mess you about.
Just don't

NoSquirrels · 19/08/2021 14:50

Yes, I’m sorry OP. Your stepmother is the sole beneficiary of that will if she survived him by more than a month.

When did your dad die? Is it recent or are you just mulling it over now because your DC are older?

Original poster
Tiddleandplonk · 19/08/2021 14:50

Oblomov21 i know am really upset for them in that apart from the money i wanted them to kmow that my dad thought of them.. i am.feeling that it wd have been given at 21 if he was still alive .

OP posts:
1Wanda1 · 19/08/2021 14:52

I'm a solicitor. As others have said above, the 30 day provision is pretty standard in wills. It is designed to prevent the money being subject to inheritance tax twice if your step-mum were to die within the 30 days.

On the wording of the will as quoted above, your stepmother gets everything. She can then deal with it as she wishes in her own will. Or could give some away to your kids if she wanted to. If she were to do that then again, to avoid it passing into her estate it may be worth considering a deed of variation so that it goes directly to your kids as if it had been left directly to them by your dad.

However, assuming that your dad had his will drawn up by a solicitor, he will have considered all this on advice and you should assume that he wanted his whole estate to go to his wife and the money for your kids was only to be if she died within 30 days of him.