* Inheritance

[Peridot]

Hi Sparkles22,

Do you have contact with the other beneficiaries and would it be appropriate to discuss with them? I appreciate this may be difficult if they are not receiving similar sums. If it was possible maybe a united front may help.

If not, I would suggest writing to the executor (or contacting them by phone/in person if you feel able) to actually point out what Will says on the matter.
The letter or discussion doesn't need to be nasty but it would be worth pointing out that if they do not follow the Will then there is a potential application that can be made to the Court to ask them to interpret the Will. If this step became necessary then you would request the Court make a costs order against the executor if they find in your favour. The costs would potentially be payable by the executor personally not from the estate.

It is difficult addressing these things without becoming too passionate but you need to try and be factual. The wording of the Will would appear clear in the event a beneficiary named pre-deceases the testator (person who's Will it is) and they have children then their share will be divided equally between their children, so you and your brother, irrelevant of any other legacies the parties receive.

The fairness to other grandchildren is neither here nor there. If the other beneficiaries are that concerned they can of course gift an amount to their children but that is a decision for them not the executor.

Of course you do not have to make any application to the Court for interpretation of the Will but the threat to do so may focus the executor's mind to deal with the Will as it has been prepared.

[sparkles22]

Hi thanks so prob likely that if this did go to court I would win and theres nothing else the court could take into account.. ive been told the executor could get into serious trouble - is this correct. ?

[Peridot]

Hi again,
The executors duties are to gather in, value and administer the estate which includes distributing as per the terms of the Will. If the executor does not comply with their duties then there are consequences. In the usual course of things they could find themselves personally liable for any financial issues basically. So if you did not receive what was due to you then the executor could have to pay you the monies due if the other beneficiaries refused to return their overpayment.
The Courts could also make an order that any costs incurred with bringing either a claim for the money or in interpreting the Will be paid by the executor personally too.
I would not suggest an application as the first step. You need to try and point out the error of their ways so to speak and allow them the opportunity to correct things.

[sparkles22]

hi ive just spoken to a solicitor and they said its not always as simple as we think.. she mentioned Contentious probate.. could the executor state she can still carry on under this..?

[Amethyst]

Contentious Probate is simply where someone contests the will. https://www.thegazette.co.uk/all-notices/content/101096
I'd guess the Solicitor was making you aware that challenging your aunt over her handling of the will could lead to the will being contested either by her or by other parties.
Did the Solicitor you spoke to see the will?

I guess the other grandchildren who weren't named in the will could attempt to claim that they should have been named, and I guess your brother could try claiming that your Mums share of the will should only go to him - which would come down to intention / mistake in the will..

PROVIDED ALWAYS that if any of them (my children or grand-daughter as mentioned above) should predecease me-leaving-a child or children living- at* the date of my death then that child or those children will take the share which his, her or their parent would have taken if he or she had survived me

They'd have to say (I'd guess) it was a mistake not to exclude you from the pre-decease clause as the testator considered you as a child of his rather than a child of your mothers. I can't see that suceeding though particularly as you are referred to in the will as grand-daughter - Peridot ? You might need to upload a full copy of the will to see if there are any conflicting clauses that might give rise to any challenge.

How's your relationship with your brother ? ( is he involved in this eg. expecting/asking for the full amount of your mums share ? )

[sparkles22]

how do a upload a copy of will but dont want it to go public.. is there any way of doing that. ?

[Amethyst]

Email me admin@legalbeagles.info - I'll share only with Peridot xxx

[Amethyst]

Thanks Sparkle... well pretty straighforward isn't it. I've passed a copy on to Peridot though she might not be back in till Monday, but there's absolutely nothing complicated or conflicting in there, it's just clear .... if a named beneficiary dies their share passes to their children.

It is also only just over 6 years old, so there's no question of having included you because you were the only grandchild in existence at the time the will was written.

[sparkles22]

no, there were other grandchildren, quite a lot

[sparkles22]

sorry i meant to say there were other grandchildren living when he made the will..

[sparkles22]

hi thanks for all the advice - im going to write her expressing how im feeling and the advice ive been given and request we both go to a solicitor and then decide what to do from there. im also going to tell my brother that ive been told what shes doing is incorrect, my work do a free legal advice line and they also say the same thing. my mums share should be split.. thanks again.. x

[sparkles22]

Thanks Sparkle... well pretty straighforward isn't it. I've passed a copy on to Peridot though she might not be back in till Monday, but there's absolutely nothing complicated or conflicting in there, it's just clear .... if a named beneficiary dies their share passes to their children.

It is also only just over 6 years old, so there's no question of having included you because you were the only grandchild in existence at the time the will was written.

hi apologies for badgering again there were 8 other grandchildren when the will was written... could this change things as it differs from the quote above.. just trying to cover all bases..

[Amethyst]

Nope, I was just checking that when the Will was written you weren't included as a grandchild simply because you were the only one in existence, so maybe it could have been argued that he meant to include all his grandchildren but hadn't update his will since they were born. However the will is only 6 years old, and the circumstances ( where you lived with your grandad and he thought of you as his own child ) more than covers any argument that way. The other grandchildren are not catered for at all in the will unless their parent had predeceased your grandad, where they'd share their parents inheritance equally.

The will is very clear, you and his 5 children share his residual estate equally. If any of the 6 named beneficiaries die, their share is shared between their children. Therefore you inherit your 6th, and half of your Mums 6th.

So if the Residual estate is £120,000. It's split 6 ways, £20k each. Then your mum's £20k is split between you and your brother, £10k each. So you get £30k overall.

[Peridot]

Not badgering just trying to get it straight in your head. Always a good thing. The number of grandchildren is irrelevant. If he had referenced by name all those grandchildren alive when he made the Will that may be different but the use of the wording those of my grandchildren …… it would be taken to mean those alive at the date I die. This would also include those grandchildren who's parent is pregnant but they had not been born 'en ventre sa mere' is the legal term but I digress.
See how the executor responds.
I would still point out the other children would inherit if their parent had died before your grandfather. The only reason you are inheriting a sum in addition to the share you were allocated independently of the other family members, is because you and your brother lost your mother. As I mentioned previously the beneficiaries can do whatever they like with their inheritance and if the executor is a beneficiary and believes her children are being hard done by she can always divide her share between them, or amend her Will so they receive something when she passes.
I don't understand where the executor is getting their ideas from.

[Amethyst]

hi thanks for all the advice - im going to write her expressing how im feeling and the advice ive been given and request we both go to a solicitor and then decide what to do from there. im also going to tell my brother that ive been told what shes doing is incorrect, my work do a free legal advice line and they also say the same thing. my mums share should be split.. thanks again.. x

Good, that should give you some confidence when approaching your Aunt about this.

I'll tag Peridot for you if she has any ideas of what, if your Aunt insists that her reading of the Will is correct ( really can't see how she could think that but there's no accounting for people ), your next steps could be and you might be able to inform you Aunt of the next steps and potential consequences if this does result in your having to formally challenge her distribution of the estate.

(( and that'll teach me to refresh before posting crossed with Peridot lol ))