Will just says "grandchildren" not names

[Floppysock]

My uncle had 5 children and lots of grandchildren.

We was very wealthy, also not a very nice man. He worked away and there were many other women, who knows if there are other children? One of his sons is like him and has at least one child outside his marriage.

Uncle has left a will writing out the children and splitting everything equally between grandchildren, but hasn't said who those grandchildren are.

What happens if there are grandchildren the family don't know about? What about the known "illegitimate" one?

I should say he was widowed a long time ago, so there isn't a wife now.

I think its likely that its all the grandchildren who are born or known about when the money is divided. But I’m not a lawyer

If the illegitimate children can prove paternity via DNA and haven't been adopted, will likely have a claim surely. Plus legal children of gd legal children.

That wording makes it straightforward for any biological grandchild to make a claim if they can prove it. If the testator intended to exclude illegitimate children he should have worded it "grandchildren born of the marriages of my children x y and z".

If they can prove they are a grandchild they'll be entitled to their share.

What happens if more come to light after the estate has been distributed?

Are legitimate grandchildren still arriving? If so, I would have thought it makes sense to not name them otherwise the will would need to be updated each time a new one is born.

Yes, I imagine that's why it was done like this, but no one really knows how many children/grandchildren there might be.

That's why you have to wait a certain period and the executor has to do all they can to identify potential beneficiaries/creditors before distrubiting the estate. However, the will can still be contested after the estate has been distributed, it will just be more difficult because the person contesting it would have to attempt to recover assets from the benficiaries.

Any grandchild is entitled to inherit, regardless of legitimacy. They have 12 years to make a claim. The executors need to take legal advice to protect themselves and ensure they don't have to wait 12 years before distributing the estate.

My Dad was executor for his aunt's will and had this issue. She had left her estate to be shared equally between all her nephews and nieces but as she hadn't named them there was a lot of hassle. I was only a child so I can't remember much about it but I do recall my Dad taking out adverts in the small ads in the back of lots of newspapers asking for any relatives to make contact. My great aunt was not a wealthy woman and everyone knew exactly who she intended to leave her money to but the wording of the will meant a lot of work for my Dad and the process used up a not inconsequential amount of the money. My parents' wills were very specific as a result.

The executor will need to place an advert in the London Gazette :https://www.thegazette.co.uk/wills-and-probate/content/103403#:~:text=Once%20you%20are%20ready%20to,including%20uploading%20the%20required%20documentation.

The executors will place an ad in the gazette and in appropriate local papers to guard against this risk OP.

Interesting.

Just out of curiosity, presumably the grandchildren have to exist before the person passes away? Otherwise surely children could continue to have their own children, and then make a claim upon the estate?

Yes, one of the children is currently pregnant, but that child won't inherit, although it's older siblings will.

Has the solicitor handling this suggested you take out Missing Beneficiary Indemnity Insurance?

It's rather unlikely that any unknown grandchildren would come forward within the specified time but with home DNA kits etc these days I guess it's more of a possibility. If you are really concerned this insurance would give you peace of mind.

Are you sure of the wording? My parents' wills don't name me and my sister but talks about "children of our marriage" which limits inheritance to us two - I have no suspicion that there ARE any illegitimate full or half siblings, but it keeps things neater.

This only applies to creditors of the estate - not to beneficiaries of the will.

If a person is a beneficiary of a will and they have not received their share then they have up to 12 years to bring a claim against the executors.

Wrong. Under the Trustee Act 1925 section 27, placing adverts in the London Gazette and a local newspaper can be a way of avoiding claims from unknown beneficiaries.

As per my earlier post, the executors need proper legal advice.

Thank you, that's interesting. I was under the belief that this only protected the executors from any claim against them personally, not the beneficiaries who had received any part of the estate.

So you are saying that this protects the beneficiaries as well?

Someone who hasn't received their share of the estate can only take legal action against the executors, not the beneficiaries. The beneficiaries don't need protection.

I really really hate the term "illegitimate children"- In my mind there is no such thing- illegitimate parents perhaps, but not children.

@Floppysock Whoever the executor is, might I suggest that they don't touch the will with a bargepole.

They could appoint a solicitor to deal with probate and distributing the proceeds, and whose fees can be paid out of the estate. Much less hassle all round, and it will be done by an expert.