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* Inheritance

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  • #46
    ive decided im going to reply back and just point a few things out and also say ive had enough and also that the will need to be followed through as its written and cant be any other way. my brother will have to see. hes normally see things quite logically and has a good understanding of the law. thanks again.

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    • #47
      hi.. im back with a quick question.. when a person makes a will are all situations explained.. is it the norm and would have solicitor pointed out that if my mum had died i would be entitled to an additional half share.. and also when sharing out money differently to what the will states is it ever ok not to do a deed of variation. ? ive had a look online and it says if i agreed to give up a share of my estate i will need to sign a deed of variation.. to say i agreed i was never approached with this. ?

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      • #48
        Are you saying that you believe the estate was not distributed as you thought it should have been?

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        • #49
          Are you wanting to sign your half of your mums inheritance over to your brother now? Or is this just your aunt deciding to do what she wants regardless of the will ? Or has she just gone ahead and done it without your agreement ?

          Do you know what your mums will said at all or was she intestate ? ( had your mum passed after your grandad then she'd have had her share and passed it on to you and/or your brother )
          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

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          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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          • #50
            ive talked to my brother and he says he was told id agreed to give all my mums share to him.. he says hes ok with the situation but has said in a round about way im being greedy if i take all half my mums share as im getting a lot more than him..
            i dont know what to do and feel a bit crap about the whole situation.. so was wondering if it was highly likely my grandad was told i would get an extra half share if my mum died when he made the will. - im asking this as if its highly likely he was then we need to do exactly as it says as its what he wanted.
            Before all the arguements started and i supposedly agreed i was never approached with anything to sign to say i was giving away my mums half.. just wondering if this is a legal requirement and is ever ok to just distribute the money differently.
            How does my mums will link to this. ?
            thanks

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            • #51

              Yes when your Grandad was writing the will, he would have discussed what happened upon the death of any of the beneficiaries - you can see that it was discussed as you are mentioned specifically as grand-daughter in both parts.... he would have been very well aware that should your mum pass before you, you would receive half her share as well as your sixth share. It wouldn't have been a suprise and it is very clearly worded as his intention. Had he not put that bit n brackets then it might have been arguable whether it was intentional or not etc, but he did include that part in brackets specifically naming you as grand-daughter... and had you passed before him then your sixth share would have passed to your children.



              Click image for larger version  Name:	2019-04-29 09_37_51-Start.png Views:	1 Size:	165.3 KB ID:	1463621

              To change the will then the beneficiaries would need to agree and sign a deed of variation yes... your aunty can't just make her own mind up - her job is to carry into effect the Will, as she knows and has admitted in that letter.

              I'll tag Peridot for you as it sounds like you may have to take some kind of action to protect your position if your Aunt carries on with this.

              Re your Mum, I was just thinking that had your mum survived your grandad, she would have received her share of the inheritance, and had she then died intestate it would have then passed 50/50 between your brother and yourself anyway.... of course she might have left a will leaving everything to your brother ( just due to your slightly complicated circumstances) in which case it wouldn't be of any help in persuading aunty and brother that their perception of fairness is wrong, but if she had died intestate, you would have received half - which is all that is (should be) happening now.
              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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              • #52
                ok thanks.. my mum had a will with her husband and when he passes its a 60 40 split in favour of my brother. my brother has used this as one of the reasons to give all my mums share to him.. kind of came across that im getting this also when he should be getting more. He's not fallen out with me at all but has pointed these out as he doesnt' agree.

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                • #53
                  By that logic surely he should be saying your Mums sixth share should be split 60 / 40 in his favour as that was what her will would have done had she died after your grandad and had her inheritance ? I can't see his logic for getting the entirety of your mums share.
                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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                  • #54
                    Hi Sparkles22,
                    Usually when taking will instructions a solicitor would be pointing out scenarios the what if..... then what would you wish to happen type things.
                    A Deed of Variation would be usual if the beneficiaries have agreed to a different distribution to that set out in the Will. However, if the Will is followed so in this situation you get what you have been left under your grandfathers Will including the 50% share that would have gone to your mother had she survived, it is of course up to you what you do with that inheritance once you have it. If you wish to gift an amount to your brother that is up to you.
                    Depending on the sums and the length of time since the death (2 years is the limit for a Will variation) it would be sensible for it to be documented what a beneficiary received, but as I say it is up to you what you do with your inheritance once received.
                    This link may help:- https://www.gov.uk/alter-a-will-after-a-death
                    As you'll see it doesn't need to be a Deed but confirmation in writing between the beneficiaries would be sufficient provided certain information is documented in the letter.
                    I am a qualified solicitor and am happy to try and assist informally, where needed.

                    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                    If in doubt you should always seek professional face to face legal advice.

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                    • #55
                      sorry for the late reply thanks for the info.. just trying to get by head round the whole situation.. by what you say sounds like my grandad was fully aware of what would happen if my mum passed away..

                      Comment


                      • #56
                        Indeed xxx
                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment

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