Problem with old will

reallyclueless_2

They have eventually given me a copy of my uncles will, after much nagging and nagging.
My uncle always told me that his estate was to be split between my sister and myself and she was the executor. I was fine with that as she is the clever one.
I did think it was funny when they phoned to say that I was executor.
But now when I have looked at the will, it says that the estate is to be "divided between my neices.... " and it just lists me, and not my sister.
My sister and I were the only ones who really bothered with him so I know he did not want some of his other nieces to inherit, but leaving my sister out was not what he would have intended.
I am now puzzled about what I am to do.
Do I have to split it with all the neices, or is it just me?
I do not want my sister to be disinherited, so can I just half everything and give it to her?

Biggles

A copy? You will need the original to obtain probate, who's got that?

If it meant 'divided between my nieces', it wouldn't need to list any names. If it meant you were to inherit, it would just list you, not 'between my nieces'.

Are you sure you aren't just mentioned as an executor, and included amongst 'other nieces' as a beneficiary?

BTW it might be more helpful to keep one thread on the same subject, I think this is the fourth one you've started.

reallyclueless_2

What I meant by copy, is that I have the will now.
I have started another thread, as I thought that this was another issue that has come up out of my executorship.
As I said before, the will said "my neices," and it just lists me, not the other neices. I had expected my sister to be listed but, as I mentioned, she is not, just me.
I think that it was meant to say between my sister and I, but it only mentions me, and I don't know what to do?
Do you think I should share it with the other neices (his brothers family)

Mojisola

reallyclueless wrote: »

As I said before, the will said "my neices," and it just lists me, not the other neices. I had expected my sister to be listed but, as I mentioned, she is not, just me.
I think that it was meant to say between my sister and I, but it only mentions me, and I don't know what to do?
Do you think I should share it with the other neices (his brothers family)

You have no choice if that's what the will says but it doesn't seem right if it says "my nieces" and then only names you. It sounds as if you need some legal help with the will - get someone to talk you through it. Your role as an executor is a serious matter and you have a legal responsibility to follow the directions in the will. If you get it wrong, you could be in trouble. Anyone will be able to get a copy of the will after it's sorted out and, if you haven't passed on money to someone who should have had it, they could take legal action against you.

Errata

Another view of this is that the typist accidently stuck an 's' on the end of niece.

ETA - sorry, above is rubbish as I'd forgotten it said 'divided between'

Biggles

You obviously need some help, probably legal; but I doubt we can help on here without seeing the actual wording (what you've told us so far doesn't really add up, though I understand that may be what the problem is).

NAR

reallyclueless wrote: »

But now when I have looked at the will, it says that the estate is to be "divided between my neices.... " and it just lists me, and not my sister.
My sister and I were the only ones who really bothered with him so I know he did not want some of his other nieces to inherit, but leaving my sister out was not what he would have intended.
I am now puzzled about what I am to do.
Do I have to split it with all the neices, or is it just me?

If you did not divide it amongst all nieces I would think it could be challenged, as all nieces to benefit,( to the exclusion of others), have not been named. If you think otherwise I would seek legal advice.

gfplux

Please give us the EXACT wording. The extracts you have mentioned before does not even make a sentence!
Then you may get some better advise.