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!

Is it possible that your MIL intentionally did not want to change the will so that any children of your DH's second marriage did not inherit? Regardless this is your husband's battle to fight, you going in guns blazing contacting solicitors et c when it wasn't your parent seems crass to me. The easiest solution would be for your DH to earmark her an equal amount from his inheritance.

The thing about being called grabby is that the money doesn't come to me - it goes to our daughter. Perhaps I'm being grabby on her behalf but ultimately I just want her to get the same treatment as her siblings and cousins.

Am honestly regretting ever starting this discussion!

Your DH's business to sort

Not yours

At all

I am surprised that a few people are telling me not to make a fuss and not try and gain the same rights for her as the other grandchildren

But it isn’t a “right”. That’s what people are trying to tell you. I understand you’re upset about it - most people probably would be - but your DD has no right to anything from the will.

And I hope you’re joking about your DH considering withholding part of the bequest from one of the grandchildren because their mother owes him money.

@nelly Unlikely about MIL not wanting the will changed as we got on fine. DH has not been married to any of his previous two partners by whom he has children.

@Enko I don't think I dare post this discussion twice. I'll just leave it to my husband to sort out and if he doesn't, then I'll just put the same amount of money as they received in an account for her.

'And I hope you’re joking about your DH considering withholding part of the bequest from one of the grandchildren because their mother owes him money.'

Me too

Awful

As a side matter, he has not decided what sum of money to give to the one grandchild that is under 18 as her mother owes him a large sum of money

OP Im Not a lawyer but im.fairly certain this is illegal. Your DH is planning to withhold his daughters inheritance because his ex-wife owes him money? And you think that's ok but are upset that your daughter is being left out?

My mother in law has 9 grandchildren. There may be more in the future. In her will she states that all of her grandchildren are to receive x amount from her estate. She has not named any of them. That means that if more grandchildren do arrive before she dies, she does not have to go to her solicitor and amend her will. Makes it easy for her and also for her executors.

I hope that he does right by his dd, and gives her some of his money after everything has been paid for and divided.

I might have missed a bit.Are we saying every grandchild except this one is in the will of the granny? That sounds a bit unfair. I think it is just best to leave all grandchildren out of wills - they are often too young to spend it sensibly anyway so let it just all go to to their parents.

Legally not a leg to stand on however to query this unless the will says to all present at date of will and future grandchildren and the executors have ignored that bit or unless all heirs agree to vary or if the grandchild were depending on the grandparent eg lived with them and were cut out (Inheritance provision for famly and dependants act 1975 eg if you entirely cut out a spouse although you are certainly free in England to be mean and not give them very much with the rest ot the cat's home; the basic principle in English law is right to choose whereas places like France have very different strict rules about not cutting people out)

@FrancisCrawford @SuburbanRhonda - I shall indeed point that out to him. Again, I feel like his comment is being put upon me, it's not my actions, I just mentioned what he had said. However his brother does everything by the book and he'll ask for proof of the money being put in trust as she's under 18.

I agree with others it’s for your husband to allocate her the same amount and maybe the other 2 inheritees would agree to contribute a equal share but if they don’t agree then it’s solely down to husband to give to her.
Going to solicitors will gain you one thing only and that’s a big bill and nothing to gain .

That EmmaGrundy is disgusting, issues with his ex, should have nothing to do with his children from that relationship. That would show me what type of man he is.

'However his brother does everything by the book'

Perhaps that's why they don't get on

@xenia Yes all other 6 grandchildren named in the will, 5 are over 18 (in fact over 30). Only two are Under 18.

I agree with Lweji, probably the wise way to deal with it and keep family relations good.

I agree op it seems unfair that your daughter does not benefit from the will, but i think you shouldn't get too involved. I would hope that the other GC would allocate a share of their inheritance to make it fair, but that it in their hands, not yours.
Do the other GC know how the will is worded, i think if it were possible, i would want them to know there is some unfairness and then leave it to their consciences. If they don't stump up their 'share' then the only other fair thing would be for your DH to make up the same amount from his share.

Again, I feel like his comment is being put upon me, it's not my actions, I just mentioned what he had said.

But he’s not on here - you are.

@aeroflot In his defence, he made some poor decisions with his ex that have caused him long-term financial strife but yes, nothing to do with the inheritance and he will allocate her the share according to the will.

@SuburbanRhonda - Yes, and as I said, I do regret being on here at all!

I'll just let this one go as it's quite an exhausting conversation and it's not my business, it's for the in-laws to work out however they see fit.

Thanks for all the advice!

@EmmaGrundy Just saw your comment. No I never said that is OK for her to be left out, I just said it's nothing to do with me. He will have to show proof he has put the money in trust for her so it was just a comment he made without thinking through the legal ramifications.

Hopefully I've answered all queries now.

It was bad advice from the original solicitor. In all our wills there is provision for children born within the family after the will has been made.
Legally you don't have a leg to stand on but morally they shouldn't think it is unreasonable to include her. I couldn't see one child left out purely because of the timing of their birth.

he has not decided what sum of money to give to the one grandchild that is under 18 as her mother owes him a large sum of money

WTAF?

What kind of father is he?

AIUI deeds of variation exist as a means to correct/alter a will posthumously in order to fulfil the last wishes (actual or implied) of the deceased when they do not match the literal execution of the original will. E.g. to revoke a coerced inclusion; avoid a massive tax liability (current or next generation); correct an unintended omission. Your dd clearly falls into the last category IMHO.

It's not grabby to remind the executors their role is to fulfill your MILs wishes when dd was an obvious omission. The real question is would your MIL want dd excluded (as per original will) or included via variation.

If the executors can show your dd was deliberately excluded by MIL, she should be. But based on the info you've posted here, it seems a deed of variation is warranted.

I'd suggest phrasing any discussions along these lines...keep it to what your mil would want that her than anything to do with other beneficiaries or numbers.