Inheritance - Where do we stand

[welshmike03]

Hi,

My dad's will entrusted me to sort out his finances upon his death and to share any remaining money between children or grandchildren.

Since he wrote his Wil, more grandchildren popped out and he always said that anything should go to them (but it was not written down)

There is now a small amount to split between the grandchildren so they get the same amount each however the bad son of the family is saying it is unfair as he only has one child where I have three for example and he now wants to go to court to dispute the way we were going to share the money.

Who's right here, what would a court say?

Thanks

[echat11]

Hi WelshMike03

Is the will written down? Regardless it's fairly straightforward (I think), he wants each grandchild to be given a sum of money. It might seem 'unfair', but it is clear. I don't think a Court would see it any other way. If your late father wanted the money shared equally he would have said so in his will.

[des8]

Condolences on the loss of your father.

The distribution of the residuary will depend on the exact wording of the will.
Can you post up the relevant clause(s), first redacting any identifying details?

[welshmike03]

The wording used is " enough for my funeral and a few quid for you each or my grandchildren"

Now this was written 11 years before he died and he's had more grandkids since then.

[des8]

I take it that this was not a professionally drafted will.

Try and come to an agreement with your brother(?) as any court proceedings will prove expensive (or do you think the threat is a bluff?)

That phraseology you quote (if that is all there is) leaves it open to dispute who inherits:
Either "you each" (whoever that refers to!) OR my Grand children share a "few Quid" (who decides how much that is).
If it is the grand children , most likely those living at the time of his passing, although without further written clarity it could be argued he only meant those living at the time he executed his will.

You stated in your original post " so they get the same amount each " but is it stated in the will in what proportion the money should be distributed to the beneficiaries.?

[echat11]

The thing is that monies has been distributed from the will have been made to grand-children, no doubt at some point your brother was 'happy' with the way the will was drawn up. But the conflict has occurred because more grand-children have arrived in your family unit, which he now thinks is 'unfair'.

No doubt there will be some 'decided cases' on this situation.

[Manxman]

Surely the question here is whether the written wishes as expressed by the deceased amount to a will or not?

Was it signed by the deceased and was that signature witnessed by two different people, who then signed as witnesses? If not, the OP's father died intestate and anything he left should be distributed according to the rules of intestacy.

Note also that if the will was correctly executed and witnessed, then technically any witness (or their spouse) can't benefit under it.

The first thing the OP needs to do is determine whether it's a valid will or not, don't they?