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Help with will.

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  • Help with will.

    Hello.

    My grandparents have both passed away. My uncle was the executor for the will. It states in the will, grandchild will have one or more shares per stirpes absolutely

    My uncle is now selling their house. Does this mean we get nothing now, or because we were beneficiaries on the will per stirpes on their residual estate that we would have a share of the monies from the property?
    Tags: None

  • #2
    On the little information provided, the latter would seem more likely.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you.

      my grandparents put him as beneficiary and then grandchildren beneficiaries per stripes ‘for one or more equal parts’ for the residual estate absolutely.’’
      I wasn’t sure if that had meant if he had predeceased that means it’s handed down to us ‘per stirpes’

      or that as he is able to sell the house and keep everything as he is the first beneficiary on the will.

      that saying- could be sell the house and us miss that opportunity of inheritance because he isn’t deceased and can keep the monies and pass it along in his own will etc?

      or even though he hasn’t passed away. Because we are still beneficiaries on the will for the estate at some point that he has to split it regardless.

      Thanks for your reply. It’s appreciated.

      Comment


      • #4
        The phrase per stirpes just means 'throuth the roots', and controls how the children of a beneficiary who hasd predeceased share that share.
        I have not seen enough of the wording to be sure, but I think that it means that if your father survives the testator, he takes his share absolutely. If he had died before the testator then his children take the share which he would have taken.

        It is his to do with as he wishes.

        Comment


        • #5
          The OP should have someone who knows what they are doing look at the will and explain it.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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