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Original poster

Grandchild not included in will

245 replies

RogueApostrophe · 29/08/2018 08:33

Hi everyone, I'll try and keep it brief. The inlaws' will was written in 2006, my daughter was born in 2008. When the father-in-law passed away in 2007, she did not receive any inheritance which seems fair enough.
However her grandmother has recently passed away when she was aged 9 and she is still not included on the will, so the Executors (the three siblings, one of which is my husband) have still not thought to allocate any money to her along with the 6 other grandchildren.

What are my options here? I know a Deed of Variation is possible if all beneficiaries agree to her being included. Should I go straight to the probate solicitor for the mother in law, or do I instruct my own which will obviously be costly but perhaps better to fight the corner of my daughter. For what it's worth, my husband didn't think she should get anything because she wasn't in the will - he's very black and white about things which makes it difficult to speak to him about it. He also doesn't have a great relationship with his brother and won't want to rock the boat by mentioning this situation.

However World War 3 has kicked off at home so he's now open to reconsidering this. It's his brother that is the Mastermind of the three siblings so I feel it's worth bypassing my husband and going directly to his brother but I feel it would be better done via a solicitor.

Thanks!

OP posts:
ThisIsNotARealAvo · 29/08/2018 08:39

I don't understand. Your daughter is not entitled to any money just because her grandparents have died. I inherited some money from one grandparent, but when the other one died he left all the remaining money to my dad and there was no provision for me or my brother. If your daughter is not in the will then unless any of the beneficiaries want to give her some money then I don't think you can do anything.

I could be totally wrong and someone who knows more will hopefully be along soon.

wibblywobblyfish · 29/08/2018 08:48

It is fairly unusual for grandchildren to be included in a Will and I don't think you will get anywhere with a deed of variation. It would be more usual for the estate to be divided equally among the surviving children. It would then be up to the children to decide whether they were going to share any of their inheritance with their offspring.

OddS0ck · 29/08/2018 08:50

Your daughter has no claim on her grandmother's estate. I can't imagine why you think she has.

Your poor husband, his mother has died and you've kicked off World War 3 because you think your daughter is entitled to some of the money. He's now open to it, presumably because you've made a huge fuss about it.

You'll be wasting money trying to force a deed of variation.

What an odd post. Death/ inheritances really can bring out the worst in people. I can hardly believe this is real.

mintbiscuit · 29/08/2018 08:52

Eh? It is not standard practice to include grandchildren. Why would you fight this? Confused

SuburbanRhonda · 29/08/2018 08:53

It’s not the norm for the deceased to leave anything to grand-children in their will.

It’s a nice gesture if they do, but the normal route is for children to inherit from their parents.

KanielOutis · 29/08/2018 08:53

We're the 6 other grandchildren included in the will? If they were I can see why you're upset. Otherwise the will is as it is, which is standard.

tribpot · 29/08/2018 08:54

I think the point the OP is making is that all of the other grandchildren are included in the will. It's only OP DD who has been excluded due not to having been born when the will was drawn up.

Toohot12244 · 29/08/2018 08:55

I’m not sure why you think she would have been in the will to be honest?
If her Grandma had wanted her and the other grandchildren in it she would have put them in?
Why do you feel so strongly that your daughter should have been?

Musicalstatues · 29/08/2018 08:55

Do you mean that 6 other grandchildren have been left money and just your child has not? If so I can kind of see your point but ultimately I feel it’s up to your husband to decide if anything should be done about it.

If none of the grandchildren have been left money then surely there is no issue at all?

Toohot12244 · 29/08/2018 08:56

@tribpot ah I thought it read that all the grandchildren were excluded?

grafittiartist · 29/08/2018 08:56

If they are not on, they are not on. I thought that money was usually passed down to the next generation, who will then pass it to their children. I have received money from a grandparent's will as a gesture- a token amount to each grandchild, but not an equal share. Dislaimer- i know nothing about official procedure! And- wills can say anything- the whole lot could go to the dog's home and there wouldn't be much you could do!

DontDribbleOnTheCarpet · 29/08/2018 08:56

If he wants your daughter to benefit, your husband can give her some of his share, surely? There's no need for solicitors, that would probably cause a huge rift in the family as well as massive expense.

Whatever you think of a grandparent who leave money to all her grandchildren except for one (and I'd agree it's monstrously unfair), this was what she wanted. Don't be the person who causes a massive amount of trouble and expense because they feel slighted by a will.

SuburbanRhonda · 29/08/2018 08:57

so the Executors (the three siblings, one of which is my husband) have still not thought to allocate any money to her along with the 6 other grandchildren.

I thought this meant “along with the 6 other grandchildren [who also haven’t inherited anything]”.

ThanosSavedMe · 29/08/2018 08:57

What are your options? Butt out of it and stop being such a bitch.

Your dh has just lost his mum and your creating hell because your dd wasn’t in the will. Get over yourself. It’s nothing to do with you.

Kintan · 29/08/2018 08:58

This is one of the most ridiculous and entitled things I’ve ever read on here! If your own husband is one of the executors of the will and has ageeed with the other two that the will should stand as is, then why do you think you have the right to start’world war 3’? Your MiL had 9 years to change her will if she wanted to and didn’t. How much money are you talking about? Enough to sour family relationships? Will your daughter think it’s worth the price when you are estranged fro the wider family?

Lweji · 29/08/2018 08:58

You have kicked off WW3 at home because you want your child to inherit?
Is your marriage worth it?

I wouldn't think you could ask anything officially, as your OH is the father and son.

Btw
my daughter was born in 2008. When the father-in-law passed away in 2007, she did not receive any inheritance which seems fair enough.
Well... Grin

But this is why grandchildren shouldn't be put on wills, except for token inheritances.

Efferlunt · 29/08/2018 08:59

If the will only included grandchildren alive at the time the will was made then that’s really poor will writing and you might have a point.

But norm would be to split assets between the siblings and leave it up to them what to give their kids.

standbyyourmammaryglands · 29/08/2018 08:59

So did the six other grandkids receive something from the will ?

SuburbanRhonda · 29/08/2018 08:59

We need to know from the OP whether her DD is the only grandchild who hasn’t been left anything.

RebelRogue · 29/08/2018 09:00

Did the other grandchildren get anything? Even if they did,in the end it's a matter of choice of the deceased .
Your husband will inherit and from that he can give some to your DD.
As it stands,she has no rights and neither do you, and tbh I don't see why you would make such a grabby fuss over it.

Original poster
RogueApostrophe · 29/08/2018 09:02

Yes all other 6 grandchildren are named beneficiaries in the will including her 3 half-sisters. So from what most people have said - she is not entitled to the same as her siblings and cousins?

OP posts:
TheRedRoom · 29/08/2018 09:02

Wouldn't it be simpler and cause less family drama to just suggest your dh gives an amount to your daughter from whatever he inherited, given she has no legal entitlement to anything from the share given to the other grandchildren, if you really feel it's important she receive a share? Yes, it is unfair that the grandmother didn't think to amend the will but that is the reality of the situation.

puguin86 · 29/08/2018 09:03

Er she's not in the will so she's not entitled to anything. How odd and grabby that you think she should be. How about asking your husband for a portion of his share to put in your daughters ISA if you are so concerned.

And yes of course your daughter wouldn't have been entitled to anything from your late FIL's estate being that she wasn't even born when he died. How odd you would even mention it !

Original poster
RogueApostrophe · 29/08/2018 09:04

And apologies, I thought I had made it clear in the original post that the other 6 are all named in the will but I realise now it was not clear from the roasting I'm getting!

OP posts:
NonaGrey · 29/08/2018 09:04

The OP implies that the other grandchildren are included, which to be honest indicates a fairly poor solicitor. The will should have been written “... and any other grandchildren”.

I find it odd that you would instruct a solicitor rather than just having an family discussion though?

Surely most families would say “oh yes of course little Jemima should be added”?

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