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Any legal eagles out there another update page 2
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Llamedos Pam | Report | 24 Nov 2016 23:31 |
I may be a beneficiary of a will which states that a percentage of the estate was left to a,b,c,d,and e " it then goes on to say " provided that if any of the beneficiaries referred to above is already dead or predeceases me the share of my estate to which such beneficiary would be entitled if he or she survived me share be held in trust for such of his or her children(if any) as are living at my death and attain the age of 21 in equal shares per stirpes and so that no issue shall take whose parents are living at my death and capable of taking" b person had predeceased him and had three children two of which had died before her leaving one living child there is now issues as to the wording of the will i.e. "Living at my death " does that mean that the only living child inherits the mothers full share ? |
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KathleenBell | Report | 25 Nov 2016 00:01 |
I'm no legal eagle but I would read it as meaning that only the living child of "b" would inherit the mother's full share when/if that child reaches the age of 21. |
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SylviaInCanada | Report | 25 Nov 2016 01:10 |
Are those "issues" between lawyers or between non-lawyers, ie possible beneficiaries? |
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Llamedos Pam | Report | 25 Nov 2016 07:18 |
Thanks for replying, I am the only surviving child of B and originally I was informed by the solicitor that I would inherit my mothers full share, she has now 6 months later said that the wording is ambiguous and that it will go to my late sisters children, so I am very confused , this is a life changing amount of money involved and I have only been told that it has been sent to a barrister for him to decide |
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PatinCyprus | Report | 25 Nov 2016 07:33 |
Go to a solicitor straight away. You need a person who knows what they are doing. |
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Gwyn in Kent | Report | 25 Nov 2016 08:43 |
I agree with Pat. |
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AnninGlos | Report | 25 Nov 2016 08:55 |
I think a solicitor specialising in family law is needed. However, there was something similar in a will of one of my mother's brother's. My Mum's sister died before him and when the will was divided between beneficiaries the share of the estate that should have gone to the sister was then divided between that sister's two living children. That happened twice in Mum's family and in one case it even meant tracing the living grandchildren of the deceased, even though those 'grandchildren' had been adopted out of the family at birth. |
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nameslessone | Report | 25 Nov 2016 09:19 |
I agree that you need proper advice on this. |
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+++DetEcTive+++ | Report | 25 Nov 2016 10:22 |
Why does the solicitor think it's ambiguous? I'd imagine they meant the living children of deceased B but not the grandchildren of any named person. |
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InspectorGreenPen | Report | 25 Nov 2016 11:12 |
Yes, if B is deceased then their share is divided among any of their children who were still alive at the time of the death AND who reach the age of 21. |
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Llamedos Pam | Report | 26 Nov 2016 08:40 |
Thanks everyone for replying and for the advise given, I agree with all of you that everything left to B should go to her surviving child that's what the will states and how the solicitor can find it ambiguous amazes me. I think I should speak to a solicitor about this as it is a life changing amount of money involved in this at one time about 10 years ago the sum of £100.000 was talked about. As to the others making a deed of variation I think the words of snowball in hell come to mind. Hubby and I made arrangements to make new wills and I am going to make sure they are very simple and nothing that can cause any problems for those left behind. |
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PatinCyprus | Report | 26 Nov 2016 08:57 |
Hope all goes well for you :-) |
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Caroline | Report | 26 Nov 2016 15:02 |
I've been in a similar situation, why they think it's not clear is weird. The one person was to inherit but they died. Therefore it goes to their children. If any of them have died before the will is read then hard luck so to speak and it goes to the living child unless the will had said and if they too have died it goes to their children eg grandchildren. |
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nameslessone | Report | 13 Dec 2016 14:51 |
Have you had any luck sorting the meaning of the wording yet? |
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Llamedos Pam | Report | 17 Feb 2017 15:42 |
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nameslessone | Report | 17 Feb 2017 16:11 |
Seems like we are back to advising you to get your own legal advise. |
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Llamedos Pam | Report | 17 Feb 2017 17:05 |
I have spoken to a solicitor who has said that they are interpreting the will incorrectly but the next step could be to take my aunt and cousin to court as the executors so that's an ouch!!!! |
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JoyLouise | Report | 17 Feb 2017 17:34 |
I think you really ought to get legal advice. |
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Caroline | Report | 17 Feb 2017 18:06 |
You need legal advice NOW ! |
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nameslessone | Report | 17 Feb 2017 18:18 |
I wonder what their reaction was when you told them your own solicitor didn't agree with their own one? |