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Original poster

Anyone clued up on the law around Wills?

29 replies

Ellie54320 · 01/11/2024 15:00

My parents have just started looking into setting up their will properly, this isn't something they or I really know anything about at all so we have a lot of learning to do. We will be going to see someone but I wanted to seewhat experiences people have on here or even if there are any lawyers on here who can give any advice?

Basically my parents want to leave my brothers share of the will to their granddaughter instead. There are deep rooted, personal reasons they want to do this which I do understand. They've said they're sure this is possible to do but they're very concerned that my brother will fight this after they've passed and will have the ability to do so as he has a huge amount of money behind him.

They've asked for my help but honestly I don't know where to start and I know I'll be devestated after my parents passing and don't personally know how much fight I'll have in me if he comes at me.

If anyone has any advice or suggestions it would be appreciated.

OP posts:
Another2Cats · 01/11/2024 16:33

GinandGingerBeer · 01/11/2024 16:18

We have an additional
Clause that reads if mr and mrs gin die together with their DC then under no circumstances should it pass to Mr X.
The estate should pass instead to abc.

Under intestacy law it would pass to DHs brother and there is no way on this earth we'd want that to happen.
Your parents need to add a clause not only re the grandchildren but what happens if you pass away before they do. (Sorry!)
I only found this out at a solicitors appointment recently, There's a rule that it passes down the male line (believe it or not!) if the beneficiaries named cannot inherit.
So if husband wife and kids died Sadthen it goes to husbands side first unless there is another named beneficiary.

"There's a rule that it passes down the male line (believe it or not!) if the beneficiaries named cannot inherit."

I'm sorry but this is wrong. There is no such "rule".

"...but what happens if you pass away before they do."

They don't necessarily need to do this either (unless maybe it involves a trust and the gift only vests at a later date).

In the case where a child is named as a beneficiary in a will and that child dies before the person who made the will then, if the deceased child has children of their own (ie grandchildren of the person who made the will) then they will automatically inherit their parents share of the will as long as they are still alive.

If the person making the will didn't want that to happen then they would need to specify otherwise.

FrequentlyAskedQuestion · 01/11/2024 17:00

There's a rule that it passes down the male line (believe it or not!) if the beneficiaries named cannot inherit.

Please link to a legal source for this.

Ariela · 01/11/2024 17:39

Your parents also need to consider what happens if grand daughter dies before marrying / having kids and without a will herself - in which case it will go to brother

Harassedevictee · 01/11/2024 21:03

@Ellie54320 The key thing it to go to a STEP solicitor to draw up their will. https://www.step.org/directory/members

I would also strongly advise that they also do their Power’s of Attorney at the same time.

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