Relatives contesting will - advice needed

[Somethingsosimple]

DH recently lost his mum and is the executor of the will with his sister. He and his sister have been left the house and any money in savings left to his deceased sister's children. My husband and sister have told their 3 adult nephews and they are not happy. They believe that the house should be split 3 ways and that they should inherit their dead mothers share. We have children who were born after the will was made but they are not left any money which we accept. My husband is very upset that they are angry with this arrangement as he thinks his parents made the will in good faith. They made the will after his sister died. The nephews all stand to inherit around 20k each. The value of the house is £245,000. Please could I have other peoples thoughts.

I don’t know about legalities but if that was done, could your kids ask for a “share” too? Surely that would mean the value of what they get is even less?

If the will was drawn up correctly and is proved to be valid, then the divisions made by MIL in her will should be followed, that is the whole point of making a will surely?

The nephews are just being greedy and grabby, and their sour grapes should be ignored.

Your husband and SIL might feel that dividing the estate equally into five shares would encourage family closeness and harmony, but I doubt that very much. The entitled nephews would probably always bear a grudge. Much better to follow the terms of the will to the letter.

I can imagine writing it, in certain circumstances. We don't know enough about the background to understand why it was written like that.

Say Ada has three children - Bob, Carol and David.

Carol dies before Ada, leaving two very young children. Carol's husband marries again a couple of years later. The new wife is very good to the children and they are very close. Her family are well off and treat the children as full grandchildren. The children's father is doing very well in his job. He and his second wife have no children of their own. In those circumstances Carol's children don't seem likely to want for anything materially.

Meanwhile, Bob is unable to work because of long-term sickness and David works but doesn't earn much. Bob and David and their families pitch in and look after Ada in her last years.

In these circumstances why would Ada leave Carol's children as much money as she leaves to Bob and David?

Best to explain it in advance, though.

In effect they are arguing over 12k each - if that as say the house goes for 230k and the value is 290k that is their third is 96 ish which works out at 32k so 12k more (and that is not reducing the house sale even more or taking into account fees etc)