Advice please

[EKC]

Good afternoon, please can I get some advice regarding this will (will was written over 30 years ago);


I DIRECT THAT UPON MY DEATH MY DWELLING HOUSE TOGETHER WITH THE GOODS AND CHATTELS CONTAINED THEREIN SHALL BE SOLD FOR FULL CURRENT MARKET VALUE PREVAILING AT THAT TIME.
THE PROCEEDS FROM THIS SALE TOGETHER WITH THE REALISATION OF ALL MY SECURITIES AND INVESTMENTS OF ALL MANNER AND KIND AND ALL MONIES THAT I STAND POSSESSED AT THE TIME OF MY DEATH I GIVE AND BEQUEATH ABSOLUTELY AND IN EQUAL PARTS ONTO MY CHILDREN A,B,C,D AND E AND CONTINGENTLY IF ALL ARE NOT LIVING AT THE TIME OF MY DEATH


-Child C died before testator , Child C possibly has a child, does their share go to the child?

-Issue with possible child- Child C is not named as the father on the birth certificate, mother of child in question stated previously child was not his and child lives abroad and has no contact with the family.

Any advice greatly appreciated.

[atticus]

It seems to me that the answer is as follows.

If C is the parent of the child, then the child gets his/her share: https://www.legislation.gov.uk/ukpga.../26/section/33

The question is therefore one of establishing paternity. Did C acknowledge the child as his? That may affect things.

[Pezza54]

Hi Welcome to Lb
Please read the article "What happens if a beneficiary dies before the testator?" at Slee Blackwell Solicitors.
If there is no clause to the contrary in the will, the children of the beneficiary that died before the testator will inherit their parent's share
Under English inheritance law, an adopted child but not a step child can inherit their parent's share
Did C adopt his child?
If not, C's child may still have a claim under the Inheritance Act
In my opinion the executor named in the will should try to contact C's child abroad