Inheritance one

[Oculusopen]

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?

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

copies need to be viewed.

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.

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.

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

Oh yeah. What about GC2?

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.

How would it be so?

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

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.

DC1 share goes to GC1 and GC2. Highly unusual to be otherwise - would definitely want to see will that states it goes to DC2 and DC3 instead!

My mum died young and I inherited this way twice (GP and great aunt).

My mother took legal advice on this. She wanted to leave everything to be split equally between my sister and I. Her solicitor advised that if one of us predeceases her the remaining daughter will inherit everything. She needed to put in a clause that if one of us predeceases her, their children get her share.

It isn't automatic.

Only if it says that n the will. Not everyone remembers to make allowances for this - sadly I have seen this clause omitted many times as no one thinks it will happen and then assumes it automatically works that way - it doesn’t unless the will explicitly says so.

You need to see the will.

If its 10 years since dc1 died, they have had plenty of time to make sure it accurately reflected their wishes.

Impossible to say without reading the will.

Did they write these wills themselves or with a kit from WH Smith?

If they used a solicitor it is likely that there were clauses about children of deceased Dc.

If they did it themselves they might not have thought of it.

A decent solicitor will always add a clause detailing what must happen in the case you describe. DC2 is pulling the wool over your eyes. You are entitled to a copy of the will, but you may need legal assistance to get it.

"Did they write these wills themselves or with a kit from WH Smith?"

Why people do this I will never understand.

I used to draft wills. I’m not from the UK but you need to get hold of a copy of the will.

It is possible the will was poorly drafted or your relative is trying to screw you.

You need to see a solicitor and get a copy of the will. Only a solicitor can tell you.

Have you asked to see a copy of the will?

Exactly, and a search engine will say this ovdt & over again.

When my parents died, there was nothing in the will to say that if a beneficiary had already died their share would go to X,Y or Z. So if I had died before them, under the law kf the land my share would have gone back into the pot.

This is why wills have to be specific and updated. My best friends mum died years ago. Best friends gran had split her will 50/50 with children ( this being my best friends mum and her mums brother).

When best friends mum.died, gran changed will to 50% her son, 25% to my best friend and 25% to my best friends sister. It was the only wat to ensure her two grandaughters got the 50% she planned to leave to her already deceased daughter.

Sorry, but it's really not that hard to understand.

Exactly.

Get a copy of the will op. If dc2 is correct then fair enough (though dc3 and dgc need to strongly push for variation in that case imo).

But inheritance can bring out so much nastyness and I would want to double check the will myself. I would bypass dc2 to avoid giving them a heads up in the case of foul play and go to the solicitor or get it online for a small fee if at that stage.

Your wording about dc2 not sharing the will could be misleading unless he/she has been directly asked and then refused but on the face of it is suspicious.

My MiL's will stipulated shared inheritance between surviving children. Sadly my husband predeceased her so our chn received nothing. All perfectly legal but left a sour taste and we now have nothing to do with them.----

That was what she wanted hence her chosen wording - why did it leave a sour taste?

That's really shitty @maisie123 The siblings had the option of doing a deed of variation and seeing that your dcs got the financial support they would have had from their df.
What selfish people. You and your dc are better off without them