Rectification of a Will

[G7ivp]

Sorry I've gotten confused - the extract of the will you posted originally only mentioned b,c & d as beneficiaries of the residual estate - that new letter mentions a,b,c & d and is about removing d from the will - thus d shouldn't be in the most recent will that is being acted on, or was that later will never completed / signed etc ? And I don't know who a is. I think we have we got alphabet mix up somewhere as first post is "niece B my brother C and my nephew D" so should we switch nephew to c and brother to d there ?


Will


Letter ( Dated BEFORE or AFTER the Will above ?? )


( hopefully it's not just me being thick there lol )

No, it's not you the confusion was caused by my bad labelling of the people involved. In the first post A was the deceased, B is her niece, C was her brother and D is her nephew. In the post about the recently presented letter, a, b, and c are the niece, brother and nephew respectively and d was removed from the will. We are discussing the will after d has been removed here. Please accept my apologies.

[Peridot]

Hi Amkmeao,

Lapsed gifts occur as you indicate above, when a gift is left to someone and they die before the Will writer (testator). The gift lapses then falls into the residue of the estate to be distributed to residuary beneficiaries.

However where gifts are left to the testator's children and the child dies before the testator, their gift will be divided equally between their own children (the Testator's grandchildren), unless the wording of the Will arranges for a substitute beneficiary (someone other than the person who died before the testator) to receive the gift in these circumstances.

Sorry this has probably confused you further, if you are able to copy the clause of the Will or confirm the wording of the legacy to your brother we can explain it more clearly for you. .

[G7ivp]

Hi Amkmeao,

Lapsed gifts occur as you indicate above, when a gift is left to someone and they die before the Will writer (testator). The gift lapses then falls into the residue of the estate to be distributed to residuary beneficiaries.

However where gifts are left to the testator's children and the child dies before the testator, their gift will be divided equally between their own children (the Testator's grandchildren), unless the wording of the Will arranges for a substitute beneficiary (someone other than the person who died before the testator) to receive the gift in these circumstances.

Sorry this has probably confused you further, if you are able to copy the clause of the Will or confirm the wording of the legacy to your brother we can explain it more clearly for you. .

Hi Peridot,
Has this post been mis-directed? I don't understand why it's appearing at the bottom of my post.

[Peridot]

Hi G7IVP,
Amkmeao posted on here too at post #30 so was answering her query. Sorry for confusion. Unrelated to your matter.