Mothers Will

[maff81]

Hello I have received details of my Mothers Will and need some clarification on few things. I need Layman’s Terms. Not bc sure what I can post on here

[Sam101]

Just list the wording you are not clear about.

[Sam101]

Also say if your father is still alive or when he died, who is the executor and the beneficiaries

[maff81]

Oh it’s lots - basically my Mother has left 1 1/2 share entirely to my brother but I have to share my 1/2 with my 5 children. He has a daughter but only if my brother dies will she get his 1/2. Can I contest that as my mother was controlling til the end. My children did not see her for over 10 years or more. It seems unfair to me that he can have his 1/2 entirely but I have to share mine with my 5 children. 2 of whom I do not speak too. My other 3 think it’s unfair. Thank you

[maff81]

One half share thereof for my said son…absolutely and the other half to my said daughter and her children… names etc. as are living at the date of sale of the property and in that case my grandchildren as reach the age of 18 years and if more than one in equal shares absolutely Provided always that if my so. Dies before the date of sale his daughter will get his 1/2 share

[Sam101]

The writing of the Will and who will be the beneficiaries is entirely in the control of your Mother
What do you mean by - "as my mother was controlling til the end. " As it is not too clear. Also what was the date of the Will and date of your Mothers death

[twohoots]

It’s up to your late Mum as to how her estate is divided up. Personally I think you should be grateful you get a share. She could have left it to a cat’s home! Maybe your Mum made her Will before you both had kids?

[maff81]

I am grateful it’s bit more complex and to be treated differently my whole life is hard. Will was made 2013 had my children by then. She hated Animals. It was a last attempt at controlling my life tbh when my granny her mother passed she withheld my inheritance til my uncle stepped in.

[maff81]

My mother was a very controlling woman. Every aspect of my life she tried to tell me what to do. Opened my letters went through my drawers told me what to eat where to live etc. she never wanted a girl just a son. My brother will get his 1/2 share and not have to split it but just to cause a problem she is making me split mine, why because I did not do what she wanted my whole life. Don’t get me wrong I am grateful for any money received but it’s the control she craved. Even in her death she is still doing it. Her brother and sisters think it’s wicked. Thank you for your help.

[Sam101]

I know it's hard but you need to accept what your Mother's wishes were. It could only change legally if the other beneficiaries all agreed to change it by a Deed of Variation, but that would mean the other beneficiaries giving up what their Mother wanted them to have.

Let the Forum know if you need any more help as there is always someone here to offer it.

[maff81]

3 of my children feel it’s not right as they are grandchildren and it should of been left to me , and my Brother he’s getting his whole share. I am speaking to Solicitor Monday as have to prove who I am etc. it is what it is. Regards

[des8]

Those beneficiaries who feel you should have inherited their shares, could sign a letter of variation so you receive their shares.

[maff81]

They are my children they feel it’s not fair as my Brother will receive his share solely. I will leave it up to my children(3/5) to decide.

[Sam101]

Children under age cannot act in any Deed of Variation to change the Will, so you have to accept what you Mother has decided.

[des8]

Children under age cannot act in any Deed of Variation to change the Will, so you have to accept what you Mother has decided.

Correct regarding underage children, but this will leaves the legacies to "grandchildren as reach the age of 18 years" so it is fair to assume MAFF81's
children who inherit are of age,