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If money is left in a will for a couple and that couple is separated what happens?

18 replies

2anddone · 27/12/2020 18:46

My xh grandma passed away 2 years ago. Dc are now 12 and 15. Nothing has ever been mentioned to me by xh about if she left anything to the children in her will.

When she was alive she always sent me money at Christmas to use to take the children somewhere. Xh and I separated 8 years ago however he always commented that I was given the money to spend on dc at Christmas while he got nothing.

If xh grandma left anything in her will either to the 4 of us (me, xh and dc) or just to the dc how would I be able to find out?

I have a horrible feeling there may have been money left to us as a family which wasn't changed between us separating and her dying. Xh has had a new car and spent over £600 on me and dc this Christmas, I find it hard to believe that she didn't leave the dc anything (not worried about me!!)

Ds is now getting to an age where we are thinking about next steps after gcse and a levels and would be nice to know if there is anything held in trust for him.

Do I have to ask xh or can I find out another way?

Thanks for any advice

OP posts:
Lightsabre · 27/12/2020 18:49

You can apply for a copy of the will - I can't remember how but I'm sure someone will help soon or you can google.

Viviennemary · 27/12/2020 18:50

Money is usually left to individuals not families. You can apply for a copy of the will. But if it was done through a solicitor you should have heard if you were a beneficiary. Sounds to me as if she's left it to your ex and he hadn't said anything.

2anddone · 27/12/2020 18:53

Thank you for your replies. If anything was left to my dc and they were named in the will would I have been notified as their mother as they are both under 16 or could it have been sorted out by xh without me needing to be told?

OP posts:
goingtouni · 28/12/2020 00:02

I believe informing one parent if a minor child is a beneficiary is sufficient, has happened a couple times in my family, usually the info is then passed to the other parent but obviously depends on relationships, not sure if there is a legal obligation to let you know

Idontgiveagriffindamn · 28/12/2020 07:13

Your XH could sort it out unless you were named specifically as a trustee in the will.
I know you are their mother but it’s not really anything to do with you.

2anddone · 28/12/2020 15:57

@Idontgiveagriffindamn

Your XH could sort it out unless you were named specifically as a trustee in the will. I know you are their mother but it’s not really anything to do with you.
Thank you. I know it's more than likely nothing to do with me I suppose I just have to hope xh has done something sensible with it if there was any money left for the children and doesn't turn up with a boy racer car for ds or something as equally stupid!!
OP posts:
Idontgiveagriffindamn · 28/12/2020 16:56

A sensible will should say that money left to children should be held in trust to a certain age. Usually 18, 21 or 25. Hopefully that’s happened

NoSquirrels · 28/12/2020 17:00

If the estate went through probate, you can download a copy of the will from the government site.

But I wouldn’t hold out much hope. It would be relatively unusual for great-grandchildren to be named. More likely that her grandchildren would be left a bequest.

HeyGirlHeyBoy · 28/12/2020 17:02

Agree with pp, usually left to individual close relatives rather than couples/families. My parents have left to is for dc and despite 20+ year marriages, they have never changed that to the couple. It protects the immediate relatives tbf.

LindaEllen · 28/12/2020 17:04

None of my grandparents who have passed named my brother and I in the will. The money went to their children, who then distributed it to the family as they saw fit (or not).

If your children had been named in the will, you would have been informed, and present at the will reading.

BiggerTallerFaster · 28/12/2020 17:06

It would be left to individuals and usually would be to the direct relative, possibly in the expectation that it would be family money, but it would be unusual to name a spouse IME.

The same with the children, other than in tax saving schemes where a large inheritance is involved, or a small token, it would usually be left to their parent if they are still alive, unless the deceased had some reason to exclude them.

80sMum · 28/12/2020 17:06

See if you can obtain a copy of the will. Try here

2anddone · 28/12/2020 17:21

My grandma specifically mentioned in her will that her grandchildren were to receive a set amount of money each and I know my parents have named my dc as receiving a set amount each when they pass away. I will look at the website thank you.
Deep down I hope that nothing has been left rather than something and it not been invested properly or worse spent by xh when intended for dc.
I will probably never find out but it just strikes me as odd that xh seems to have plenty of spare money lately!

OP posts:
2anddone · 28/12/2020 17:24

@80sMum

See if you can obtain a copy of the will. Try here
I have looked but it's not listed on there thank you for the link though Thanks
OP posts:
NoSquirrels · 28/12/2020 17:29

If it’s not listed on there then any money she had to leave was not very much at all. I’d put it out of your mind, I’m afraid.

thriftyhen · 28/12/2020 19:11

Go to The London Gazette (google it). You can get a copy of any will for a small fee.

Aprilx · 30/12/2020 11:58

@2anddone

My grandma specifically mentioned in her will that her grandchildren were to receive a set amount of money each and I know my parents have named my dc as receiving a set amount each when they pass away. I will look at the website thank you. Deep down I hope that nothing has been left rather than something and it not been invested properly or worse spent by xh when intended for dc. I will probably never find out but it just strikes me as odd that xh seems to have plenty of spare money lately!
But you and your children are not her grandchildren. Your ex is her grandchild and if he was left anything then it is his, not yours or your childrens’.

People do not leave things to families in wills and it is most common for people to leave things to their children rather than even grandchildren.

NotDavidTennant · 31/12/2020 12:52

If there's no record of a will it might mean she died without one.

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