Can they ignore this?

[Summerluvin1]

My grandfather died 2 months ago (expected and he was 96). He has 5 children, 4 daughters and one son. My mother (deceased) is one of his daughters, 2nd eldest. My question is, if a will states that the money be split equally between the children, but if a child predeceases and the money then goes to their child (me), would they be able to ignore it and leave me out? I only ask as my 2 aunties are very difficult people and I don't believe they would went me to have my mothers share, and im not specifically named and they are executors of the will. I don't want to contact the solicitors yet as I feel its still early days and I dont actually know the solicitors that have my grandads will! Can anyone advise?

An executor is legally obligated to execute the will. If they do not then you have a claim against them.
For them to not execute as stated will be very difficult for them.

The contents of the estate should become public via the probate process so you can check you get your share. There may be some exemptions if it’s a small estate.

Keep your eye on https://www.thegazette.co.uk/wills-and-probate for DGF's name. This will tell you the name of the solicitor handling the estate.

I would expect your mother's share to go to her children.

My own will says this, but doesn't specify names. The reason for that is that if more children arrive, they then aren't left out. It's just 'children of' and defines who is considered a child.

Depends how the will is written.

I trust you have offered your condolances to the remaining children and offered to help when they are cleaning out your grandfather's home, as would be appropriate.

After a reaonable time, ask for a copy of the Will. Ask one of the surviving children who are not the ones who are difficult.
Take the Will to your own lawyer and ask them to interpret it for you.

Then, without ignorance, you just need to wait for the executors to do their job. It can take more than a year to settle an estate.

As a beneficiary you aren’t entitled to a copy of the will (though you can obtain a copy once probate is granted). As others have said, if the will is drafted in the usual way (“my estate to be divided equally between my children and if any of them predeceases me and has children, then their share to pass in equal shares to their children”) then the executors cannot lawfully deprive you of your share.

It would look rather unfortunate to start asking the aunts about your share at this stage so I think in your shoes I would have to wait and hope for the best.

I’m sorry you lost your mum.

It usually defines children too. Mine says any of my children's children who are legally adopted by them or conceived by artificial insemination or other fertility procedures (I guess this covers the genetic thing if it's donor egg or sperm?) but specifically excludes foster children and step children. Apparently standard?

My question is, if a will states that the money be split equally between the children, but if a child predeceases and the money then goes to their child (me), would they be able to ignore it and leave me out?

If the will states that a bequest goes to an alternative in the event that a beneficiary dies first, then the executors cannot ignore it.

However, if the will doesn't state what happens if one of the beneficiaries dies first, then the gift does not automatically go to a predeceased beneficiary's child. In England and Wales (elsewhere in the UK it may be different) it is shared out equally amongst the other named beneficiaries unless the surviving named beneficiaries agree to do something else through a deed of variation. I'm in this position with an estate I am administering, and have had to take legal advice on this very matter.

You really need to see exactly what the will states.

Thank you all for your advice.

I definitely won't be mentioning wills at this stage as I dont want to look 'grabby' but I also know my mum would want me to have her share and I have heard through the grapevine thst this is how it is written. I'll just sit tight and see what happens. I am also her legally adopted child but I have been told this shouldn't make a difference?

I think the advice given by @selffellatingouroborosofhate
is helpful.
If you find out the solicitors name and make polite enquiries it is not being " grabby". It is just trying to ensure you receive your entitlement in accordance with your relatives wishes.

@Summerluvin1 https://www.gov.uk/search-will-probate
If you scroll down the page in the link it sets out how you can complete form PA1S and when probate is granted you are issued with a copy including the will. This usually shows the solicitors name if one has been used.