Grandmothers will

madison's_mum

Hi,

My nan made a will a while ago which left everything to her 2 children, my aunt & my dad. She has terminal cancer which is rapidly spreading. My dad died suddenly in May & you could see at the funeral she was really ill & she's starting to "lose the plot" a bit. I seriously doubt she has changed her will as for one thing i dont think she fully taken on board that my dad has gone for good.

My question is, if she hasn't changed the will would the money intended for my dad go to my mum or would it be split between me & my siblings?

Thanks
MM

affordmylife

Condolences on the sad loss of your father. Thats so sad.

Surely as the money was left to the two siblings and one has died then the remaining sibling (your aunt) is now the sole beneficiary.

I imagine that is not what you wanted to here and I have obsolutely no legal knowledge so I could be totally wrong. A solicitor could probably advise you tho. Really good luck.

madison's_mum

Surely as the money was left to the two siblings and one has died then the remaining sibling (your aunt) is now the sole beneficiary.

Thanks, hadn't thought of that! Luckily, i've never had any dealings with wills before.

jfdi

When this happened some years ago in our family, money left to my Dad by an aunt of his was passed on equally to me & my brother as he had died since the aunt's will was written.

A

Katykat

Same thing here. My mum died before her mother. My Grandmother did not revise her will. When she died, my mums share was divided between me, & my brother and sister even though my dad was still alive.

Bonbon

There could be a clause in the will that says if one of the siblings dies. Then the share that they would have inherited is passed onto their children. That is what it said in my mothers will, but I don't know how you could find out if that's what your nans will says.I'm not sure if you can see a will before someone dies.

localhero

Hi Madison'smum.

Please accept my condolences. If your nan is losing the plot, it seems unlikely she has the capacity to make a new will. You have no legal right to find out what her will says unless she wants to tell you. Once it is admitted to probate you will be able to find out.

In the cases where a child predeceases the testator, (the person making the will) the law says (s33 wills act 1837), that the children of the deceased beneficiary will automatically take their share instead by substition. The law only applies in this way where a child of the testator predeceases, so it will work in your case.

Unless the will specifically says s33 does not operate, you along with any other brothers and sisters will be entitled to your dad's share equally. Presumably your aunt will be the executor, so you will need to ensure she doesn't trouser your share by mistake.

madison's_mum

Thanks localhero, i'm not bothered about finding out the contents of the will before she dies i was just wondering about what would happen. We will probably give most of it back to my mum anyway as dad didnt have any life insurance & we still dont have enough money to bury his ashes yet, let alone get a headstone & we are all agreed we want to do that.

Presumably your aunt will be the executor, so you will need to ensure she doesn't trouser your share by mistake.

She wouldn't do that and we all get a long well , now if had been some other members of my family....!