Grandchild not included in will

[RogueApostrophe]

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, it’s not at all clear - is this the whole estate being distributed between the grandchildren?

I think the details do matter here. Seeing as you haven’t been told the details by your DH, I think it says a lot about he feels about you keeping out of family matters to be honest. My DH knows everything about the estate I am executor for, even though it’s my side of the family , who got what pecuniary gifts, and then how the residue was split. I am also a beneficiary. As money was coming to me and therefore into our household (to pay off mortgage or whatever) it impacted both of us, and to be honest I woukd have told him the details anyway even if I hadnt been a beneficiary, but just an executor.

Wills are public documents, there is no law saying you have to keep the details secret as an executor. So I woukd take it as a firm signal if your DH has not discussed the finer details with you that he does not want you involved, and so for that reason alone I woukd keep out. He clearly sees it as his family issue and you offering your opinion is clearly unwelcome.

Op, I can understand your frustration, but it really was the fault of your PIL and their solicitor making the will. They should have just specified any grandchildren. My friends DS was unborn when her GMIL died, leaving a substantial estate including land amongst DC, DGC and DGGC. The boy was eligible for a share as the will was generic re GGC and she was past X weeks pregnant when the lady died.

My cousin died a few years ago, he was a bachelor and all cousins between 50 & 75, most didn't need the money. He thus left it to cousins children. 20% to the one on his mums side, 10% each to 8 on his dads side. Except there were 9. No one knows why he left one guy out. He was actually closer to the guys mum than most of the other cousins, (and he actually told her that he was leaving money to cousins DC) but she thinks she must've upset him somehow and still believes that.

He left a large estate, so even after IHT, 10% was life changing, such a lovely gesture to give the next generation a step up (most didn't know him well and he had friends he was close to who could've benefitted instead) but very much tarred by leaving one out.

I suggested, in passing, to my DB that a variation may be possible but he shot me down on his DD's behalf. Having read the thread, it seems it wouldn't have been possible anyway as my DD was a minor and the solicitors were trustees. The guy left out was already well established in a professional role, earning well, so he didn't want to take it further. However his mum was v hurt by the injustice and still is.

It’s reading things like this that makes me glad that I have a sole beneficiary.
I’m glad you have decided not to pursue this.
The comment about your dh not giving an inheritance to a beneficiary because her mother owes money is appalling.
A beneficiary is duty bound by law to carry out the wishes of the will ,otherwise if they could just do what they wanted what’s the point in having a will

That's a shame for her but I imagine the others will be aware and have chosen not to change the wishes in the will.

You'll have to give her some if yours if you want her to have any I think.

Right decision not to pursue, and good idea to have her father put away the same amount from his inheritance.

I’m surprised that you have some idea of the grandchildren amount, but not your own husband.

I cannot understand though, how you ever got so far as sharing the info here that he might try to withhold one child’s money because of her mother. Your husband was a dick for saying it, but why on Earth didn’t you quash it immediately? You should have told him not to be a dick, and never mentioned it here. How did you ever find that on any level acceptable?!!!

It is not legal to reduce her siblings share- or split 4 ways. This has been suggested by many people- it is not possible.

If the estate has enough funds the executor has to distribute in line with the will. They cant chose to withhold some because they think it is unfair or because they are owed money.

Just put the same amount as they get into her name from your inheritance. That is much more typical in my experience.

The cost of engaging a solicitor may spiral out of control if the executors say “NO” . It may just be an oversight but legally your child is not entitled to anything and it would probably be better if your husband gave her £4K out of his money .

It's true that grandchildren do not automatically inherit. My dilemma is a difficult one. My dad died recently leaving a will naming myself and my brother as beneficiaries and our children. Nothing to our sister. She and our dad fell out 35 years ago. Both hated each other. My sister first of all wanted to contest the will to include both her kids. When she realised that was not possible she changed tack. Now she wants me and my brother to split our share 3 ways. I can't understand that she thinks this will solve anything. Whatever we give her, she will still hate our dad. I don't want to go against my dad's wishes.

@amber20199 she is entitled to nothing. 35 years is a lifetime! They had no relationship and as a result she does not get to benefit from his estate.
That money is yours and your brothers. You don't have to give her anything.

So all of the others were named in the will as they were born when it was written?

If this is the case and there was no other known reason, then if I was executor I would try and get everyones agreement to adjust the will slightly to include left out grandchild. This seems perfectly reasonable.
Otherwise if you chose not to rock the boat, have your husband give her some of this share.

That is a totally different situation, JammyGeorge, and one which has no end. If someone gives gifts when they are alive to people, they can't possibly continue from beyond the grave. It would be never ending.

I still can't understand why in the case of the OP there can't be a simple group email to the grandchildren from executors saying, "Look, guys, Grandchild X has been omitted because of what we assume is an oversight. Any objections to divvying up 7 ways instead of 6?" The beneficiaries would be free to accept this idea or decline (via private email of course).

It’s not up to the executor to try and get everyone to agree to changing wills, divvying out different amounts etc. It’s a responsible role designed to carry out the wishes expressed in the deceased’s will. I don’t think a lot of people understand that they can’t just do as they wish.
If other beneficiaries decide to split their inheritance thats up to them but not something that an executor can decide or influence

No, but the executor (especially when family member) is at perfect liberty to ask if beneficiaries would be in favour of a reasonable adjustment. Obviously they cannot decide to reallocate the bequest to the Cats’ Protection League to the deceased’s estranged brother, but in the OP’s case this is a matter of one late-born cousin not being added to the will.

I posted upthread that ds was cut in on mil’s will with full agreement of his cousins.

I still can't understand why in the case of the OP there can't be a simple group email to the grandchildren from executors saying, "Look, guys, Grandchild X has been omitted because of what we assume is an oversight. Any objections to divvying up 7 ways instead of 6?"

If the grandchildren, or even one of them, are under 18, they cannot make this decision. The money will be in trust - usually with the executors as trustee, but may be another person.

The trustee has a legal duty to act in the best interests of the beneficiary, the child, so there is NO legal way for the trustee to 'allocate' some of the money in the trust to someone else.

If they are all over 18, or a mix of those who are, they can do as they wish.

But, lastly, you don't know for sure that it was an oversight, people have all sorts of insane reasons for doing things - my parents stopped buying my niece and nephew birthday presents because their father was an MP and 'earned enough'. They're not leaving them nor my sister anything in their will for the same reason (despite him no longer being an MP).

Taylor22 thanks for your reply. She did want to patch things up with our dad, but he didn't. Have to say though she didn't try very hard. Whether she thought me and my brother would try for her, I don't know. The hardest thing is myself and my brother have been really close with her all these years. But the demands she is making has pushed a wedge in our relationship. Do you think that changes things? His will is still his wishes.

@amber20199 Honestly no. It's your money to spend as you see fit.
If you want to give it to her then that's is solely up to you.
To me my family as in my husband and children come before extended family.
I would never disadvantage my children to help extended family.

June to August for probate seems very quick to me. It can take up to a year. My sister didn't even wait. She was making demands even before my dad's funeral.

Did you get this sorted out ? As it’s going to happen with my child

If other grandchildren were included, and just one wasn’t because born after the will was drawn up, I don’t see why the executors can’t make an adjustment to include her.
It’s what the family executors for my mother did, for (in this case) later-born great-grandchildren.

None of the other legatees objected.