General Chat

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.

If the Barrister interprets it in favour of the other 'children', do you think they'd be willing to make a Deed of Variation? Unless there is a massive Estate involved, it would probably cost too much to challenge it in Court especially as you could still lose.
...

We're going to have 'interesting times' when OHs parents eventually die. We came across a copy of their sealed Wills when looking for something else. They did offer to let us read them, which we refused. Rather than mirror wills then the last person's estate to be divided between their 2 children in its entirety, they've left bequests to 'the boys' (their daughter's children) rather than 'the children' which would include ours. However 'unfair' it may seem, we'll have to respect their wishes when the time comes & encourage our children to do the same.

I agree that you need proper advice on this.

The usual way is as Ann says. Each deceased beneficaries share is divided amongst their own children. So my cousins have each received more than my siblings and I as there are fewer of them.

I was surprised at the adopted out children receiving something from the will as when you watch 'Heir Hunters' the adopted out children get nothing but the asopted in get a share.

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.

I agree with Pat.
This needs resolving as quickly as possible hopefully before barrister's fees use up a lot of the money.

As a non legal person, I too would read that a sole child of b. would inherit their parent's share, as the will states ' children of ' and not descendants of.

Go to a solicitor straight away. You need a person who knows what they are doing.

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

Pam

Are those "issues" between lawyers or between non-lawyers, ie possible beneficiaries?

It reads as a very legalese phrasing .............. which means that any lawyer should read it as it was meant.

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.

Kath. x

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 ?
Thanks Pam

This matter has continued on for the last few months with nothing having been done until last week when my aunt whose with her son my cousin are executors of the will although they have passed it too a solicitor to deal with spoke to me telling me that , seems the solicitor has decided that the will is ambiguous and is called a contentious will so will probably have to go before a court to decide what happens , that is until today when my cousin phoned me to say the solicitor wants to speak to me and want to know if I will accept an offer of a percentage of the inheritance and the balance then shared between the others , I have to think about it and let them know, I have never heard of this sort of thing happening has anyone else or is this normal

Pam :-)