Joint will?

[Michael8626]

My apologies, I thought that page was most pertinent to my question. Please see the other two pages attached. Thank you

[Pezza54]

Yes, please post the previous page of the will if possible, it should cover what happens to his partner's share of the property
Property owned as tenants in common may not be on a 50/50 basis and the property register hasn't stated each owner's % share

Your relative, if he survives his partner by 30 days or more, will inherit the residuary of her estate
Her will specifically excluded his children from inheriting the residuary

[Michael8626]

Many thanks, I have now posted up the three pages, are they visible? The first page I posted was the second page.

the paragraph that relates to a gift to grandchildren, that is stated is mirrored in my relatives will, I read this as will only be actioned now on the death of my relative? Is this also correct?

[Pezza54]

Thanks
I am struggling to understand the will and I hope Atticus will disagree and my thoughts are wrong

Her will appears to pass all her interest in property (her share held as tenants in common) to her partner

Your elderly relative, appointed executor and trustee and having survived his partner for more than 30 days, inherits everything

[Pezza54]

I thought the purpose of changing ownership of the property to tenants in common was to put the deceased's share in trust so the children of the first to die could benefit from inheritance when the property was eventually sold

[Michael8626]

Pezza54, as per your post #19, I am obviously not legally trained but that is how I summarise the will.

[Michael8626]

As a side note, my relatives will in turn leaves his entire estate to his partner (now deceased) and then to her children, and the mirror clause that also gifts to the deceased partners grandchildren.

Obviously my relatives will could now be changed, leaving the deceased partners children and grandchildren exposed to no inheritance? The will does not seem well constructed?

I also think, with a 20 year age gap and my relative being almost 90 years old, I think they thought, possibly naively, he would pass away first.

[Pezza54]

Yes totally different to your first post.

He is free to write a new will and if he has to go into a care home will have to pay for his fees

[Michael8626]

Yes, sorry if I have caused confusion. I was originally told both wills were written together and were mutual, before actually seeing them in person.

[atticus]

Many thanks, I have now posted up the three pages, are they visible? The first page I posted was the second page.

the paragraph that relates to a gift to grandchildren, that is stated is mirrored in my relatives will, I read this as will only be actioned now on the death of my relative? Is this also correct?

Funnily enough, a person's will sets out his wishes for what is to happen to his property after his death. And yes, he can change his mind and write a new will with different provisions.

[Pezza54]

As a side note, my relatives will in turn leaves his entire estate to his partner (now deceased) and then to her children, and the mirror clause that also gifts to the deceased partners grandchildren.

Obviously my relatives will could now be changed, leaving the deceased partners children and grandchildren exposed to no inheritance? The will does not seem well constructed?

I also think, with a 20 year age gap and my relative being almost 90 years old, I think they thought, possibly naively, he would pass away first.

So his will has excluded his own children?
They may have a justifiable claim against his estate under the Inheritance Act
Is there a specific clause stating it is his intention to leave them out of his will?

[Michael8626]

Yes, sorry if I have caused confusion. I was originally told both wills were written together and were mutual, before actually seeing them in person.

[Michael8626]

Pezza54 Re. Post #26
I understand it is shown in his will and worded in the same format as under DELIBERATE EXCLUSIONS as shown in his partners will.

I do not know the reason why and have not asked.

[Michael8626]

Out of curiosity, if an individual was listed as a deliberate exclusion, would they still have a justifiable claim against an estate under the inheritance act? Surely they don’t have to state a specific reason for the exclusion?

[atticus]

Yes, if they have grounds to bring a claim. See s1 Inheritance (Provision for Family and Dependants) Act 1975.