Probate help urgently needed

[spacecat]

Are there are legal people (particularly those in probate) that could help with understanding my fathers will? What dues the following mean:
'I give my said daughters xxx and xxx jointly or to the survivor of them all my estate and interest in the freehold property known as xxx'
Does this mean we are entitled to our dads share in his property, or also his shares, money in bank, pension etc? Would be so grateful for any help, as a family member has interpreted it differently to my sister and I.
Thanks
Jane

He is giving you everything, and should one of you be dead it goes to that person's children.

Post in Legal. There are some really good posters there.

@Whythesadface

He is giving you everything, and should one of you be dead it goes to that person's children.

That's incorrect, are you a solicitor?

No but the person next to me is.

Was the will written by an identifiable solicitor? You could contact them.

@Whythesadface

No but the person next to me is.

How did he own his property?

“All my estate” is everything he owns. So cash in bank, shares etc.

Estate means everything he owned.

Apparently Estate covers what your dad owned.
However joint bank account after death belong to the other name on the account.
We found this one out the hard way.
The property bit Is this...
Provide that the joint owners hold the property as Tenants in Common so that in event of the death of one of their number, their interest in the freehold would not automatically pass to the other freeholders but would form part of their estate and pass under their will or by the intestacy rules.

Which bit are you unclear on? Estate is all of his money, house etc.

You can ring the pension people, if he named people to inherit it goes to them, if no one named the pension people decide.
That's not part of the estate and usually pays out quickly.
You can also reclaim funeral costs from some pensions.

I think if you give a bit of context you’ll get more help, OP. Is there a partner or spouse of your dad involved?

I have taken it to mean as you and your sister jointly inherit everything that falls within his estate, which tends to be bank accounts, property, chattels etc. If one of you should pass before he did, that share would go to whoever survived them (I.e. children).

Pensions do not normally fall within the estate and will normally pass to whoever has been named as the beneficiary in the person's deed of wishes. This is only a wish though; the trustees of the pension scheme have a choice to give it whoever really but realistically they won't go against the wishes.

What did your family member say?

Thanks for all the posts. To give a bit more context, our mum (and was our dad's wife) is Executor of the will. She has kept my sister and I out of any probate/will meetings and says the money is to all come to her. There is a large amount of shares. My dad told both my sister and I that he had left everything to us.

Oh and it will be the net estate, so after debts are paid, funeral etc.

You are being understandably vague OP, but you are unlikely to get correct advice as a result.
Are you the executor?
If a solicitor wrote the will you need to contact them.
If your father was married that makes a big difference. The date of both the will and the marriage makes a big difference.
As pp have said, joint tenants or tenants in common makes a big difference.

The wording of the will you have described does indeed leave it to you and your sister.

As a PP says, joint bank accounts will become your mum’s. Pension will be whoever is named. Could be you or your mum.
The share of the house is a bit irrelevant while your mum still lives there.

A solicitor or anyone dealing with probate cannot alter the will of it is as clear as the wording you’ve given.

However-

Can your mum live off her own resources or is she being left high and dry financially?

You need a solicitor quickly.

Your mum is incorrect and you need to get a solicitor - hopefully a letter confirming that you and your sister are entitled to your dad's Estate and his interest in the house will be enough for her to pay up, but I fear you may have a fight on your hands.

My mum and dad owned the house jointly, so we have taken it that my mum owns half and we own the other half. The bit in contention is the shares and money in my dads bank account (single, not joint). My mum has a place to live (staying in their home, which no mortgage) and the large pension.

The shares and money are yours. The house is dependent in whether it was owned jointly as "tenants in common" or not.

The will is quite clear that he has left the money and shares to you and your sister.

Who is dealing with probate? Who is the executor? A solicitor would have explained this to her.

My mum as executor has had meetings with the solicitor dealing with the will (it is a properly drawn up will at a solicitors) on her own. Thanks for your great advice all. My sister is going to contact the solicitors that drew the will on Monday.

Based on what you’ve said (and I do this for a living), as the house is owned jointly it goes to your mum regardless of what’s in the Will. Worth checking with the land registry just in case it’s TIC in which case your dads share goes to you and your sister which depending on what else the Will says could become awkward with you mum. Is there a LIT or right of occupation in the Will?

Are you sure that you and your sister aren’t second level beneficiaries so only due to inherit as stated if your mum has predeceased your dad?

You’re welcome to send me a copy and I can then answer for definite.