Ambiguous beneficiary clause in Will

[Guest]

Looking for some general feedback on the interpretation of a Will. The Will states there are 3 beneficiaries, sharing A) 33%, B) 33% and C) 33% of the estate. Beneficiary A passed away before the execution of the Will. Beneficiary C is a child of beneficiary A, and is an adult, Given the language below, does beneficiary C receive their share + the share of A, or, is it shared between B and C given that C is already a named beneficiary and not a 'child'?

"Provided always that if any of them should die within 30 days of my death or predecease me leaving children then those children shall on attaining the age of 18 take equally the share which their parent would have taken if he or she had survived me, but if any of them should die within 30 days of my death or predecease me leaving no surviving children then the share which would have passed to such deceased beneficiary shall be divided between the survivors in their original proportions."

[des8]

Did Beneficiary "A" really pass away before the testator signed his will? Unusual state of affairs, or did you mean before probate was granted?

If, as you point out "C" is not a child when the testator dies, then "A's" share is to be divided between "B " and "C" .

Although I might refer to my 50 year old daughter as "my child", strictly speaking that is not true. She is my off spring or descendant.
In England, wales & Northern Ireland a child is a person who has not yet reached their 18th birthday; in Scotland it is 16th birthday

[StanLee]

Beneficiary A passed away a year prior to the testator. 'C' is not a child. I was under the impression that the inclusion of a 'children' clause was meant to ensure yet-to-be-born offspring were going to be covered by the will, without having to update the will each time a child was born. Given that 'C" was specifically named, then I am assuming the intent was to treat each person the same. If not, shouldn't the will have been written more specifically?

[des8]

There is no point agonising over how the will was drafted, it is what it is and the executor has to distribute the estate in accordance with its terms

Assuming "A" did not have other children at the time of the testator's passing his legacy needs to be split between "B" & "C"

[StanLee]

Interesting. I was informed by the Company that drafted the Will that A's share should only go to C??

[des8]

Well that clause refers to children ie persons who have not attained the age of 18 years.
IMO if the intention was for the legacy to pass to an adult offspring they should be referred to as eg son(s) and/or Daughter(s).
Also that wording refers specifically to children under the age of 18 .. " then those children shall on attaining the age of 18"

Just one thought: How old was "c" when "A" died?

Was the will drafting company a solicitor?
You might wish to obtain a professional interpretation before finding yourself in contentious litigation if you are the executor.

[StanLee]

Yes, I am the Executor. It was a 3 letter acronym Will Writing Service, so it doesn't appear to be Solicitor.

[des8]

Are the surviving beneficiaries in agreement to its intention?
If you obtain a professional interpretation, could you post it up please/

[StanLee]

I haven't discussed this with the beneficiaries yet. This issue might get contentious. I want to have a professional interpretation first. Yes, I will post the update.

[StanLee]

The solicitor I contacted said that Beneficiary C inherits their share + all of A's share, resulting in 66% total inheritance. B inherits 33%.

[des8]

I would suggest a conversation with the beneficiaries to ensure they are both in agreement with the solicitor.

If there is no agreement I can see trouble ahead.

In UK a person under the age of 18 is a child, and the will refers specifically to children, not descendants or offspring.
Did the solicitor explain the reasons for his interpretation?
Not arguing with him..just hoping to learn!

[StanLee]

The Solicitor said that in the Will, the definition of 'children' refers to any offspring, regardless of age.

[des8]

OK thanks
Good luck