Will and death of executor

[michellestarrett]

Hi I’m wondering if anyone can give me advise

my mother had a will with me and my two sister as the house has to be dived between her 3 daughters when she died. One daughter died 8 weeks before my mother and know my nieces and nephews are trying to say they are untitled to their mums share of the house which was not stipulated in the will. If my sister died surely she becomes exempt unless otherwise stated. Does anyone know if this is correct.

[atticus]

The will needs to be studied, but the likelihood is that the gift passes on per stirpes.

Why do you want to disinherit your late sister's children? Is this what your mother would have wanted?

[michellestarrett]

Yes. My mother wanted it between me and my remaining sister and her grandchildren knew that. They have their fathers estate to come. My mother wanted to know her remaining children were secure. Not her grandchildren, they have their father for that.

[dslippy]

You may be right, but that is not what she said when she was asked what she wanted to happen on her death.

[PallasAthena]

Yes. My mother wanted it between me and my remaining sister and her grandchildren knew that. They have their fathers estate to come. My mother wanted to know her remaining children were secure. Not her grandchildren, they have their father for that.

Sorry to hear that your mother and sister died so close together.

My experience of this is what you have been advised by others, it's likely that your late sister's share passes to her children That happens under general rules in the law of inheritance not because it is written into the will. You'd need to look at the whole will to be certain.

It would have been possible for your mother to write her will in such a way that your late sister's share was divided between you and your surviving sister and didn't go to your neice and nephew but from what you say it appears your mother did not do that.

[michellestarrett]

Hi thanks for your reply. No my mother never did that she told us verbally. We all knew as my niece asked my mother and my mother said no it’s for her daughters. My nieces told me my mother told her it was up to me and my sister if we want to give her a share as it’s theirs. So they knew yes.

[PallasAthena]

The problem you have though michellestarrett is that it appears that isn't what your mother wrote in her Will. What she wrote in her Will is what, legally, has to happen (but see comment below about deeds of variation). It's irrelevant that you believe she intended that your nieces should get nothing. If those intentions aren't in her Will the Executors have to follow what the Will says. Otherwise the nieces can sue the Executors for what the Will says they should get.

But this advice to you is based on what you told us last June about the Will. We haven't seen the Will and don't know exactly what it says. So I recommend the first thing you do is see a solicitor and get them to confirm what your neices are entitled to under the Will. Don't rely on advice on this forum. (I am assuming you are an Executor - it is the Executor(s) who need to get the legal advice).

There is a procedure for changing a Will after someone has died. It's called a Deed of Variation. Look it up online, there's lots of legal sites that explain it. But, and this a big BUT, the Will could only be changed by a Deed of Variation if your nieces voluntarily agreed to give up the legacy they are entitled to under the Will so that you and your sister can have it instead. Are they likely to agree to that? They can't be forced to give up their legacy.

What has happened since your last post in June? You went silent for 10 months. What has been done during that period about your mother's Estate?

[michellestarrett]

Wel the estate is just being finalised now. All I can do is ask my nieces as my mother told them to their faces it was for her daughters. I was the only daughter not secure ie don’t own my house yet and they know my mother wanted me to either pay off my house or live in her house until my mortgage was paid off. I will try and ask them once their know that the house has to be split 3 ways. The will was hand written and never looked at by a solicitor and my mother did t know she’d done it wrong.