Will Query

cavyslave

My 91 year old relative is concerned about his will. He made a will a few years ago naming a sister-in-law as a beneficiary of a cash sum. Sadly his sister-in-law passed away on Monday and he is now concerned that the money will go to her children, who he does not get on with, should he die before changing his will. He says he wants to just cross her name out on the will (which was drawn up professionally by a solicitor) and sign next to it, but I am certain that will not be a good idea. Any suggestions please? Thank you.

Mojisola

As the person who died was his sister-in-law, the legacy will not be passed on to her children.

It's only if the person who has died is a child or grandchild (and so on) of the testator that the legacy would get passed down the family line.

Crossing out her name would be a very bad idea.

If he wants to be absolutely confident that his wishes will be followed, he could write a codicil or a new will.

cavyslave

Ah, thank you! So really he doesn't need to do anything at the moment? He is bedridden and changing his will would involve calling his solicitor out to the house.

Robin9

Surely it depends on the wording - if it says something like "if my SIL predeceses me then the bequest shall pass to her children .......... "

Mojisola

Robin9 wrote: »

Surely it depends on the wording - if it says something like "if my SIL predeceses me then the bequest shall pass to her children .......... "

As he doesn't get on with her children, he's not likely to have made a will saying that but, as you say, if there is a specific clause setting out what would happen. that would be followed.

cavyslave

No, he didn't say anything about her children in his will. It just says "I leave my sister-in-law ********** the sum of £***** That's the exact wording.

g6jns_2

cavyslave wrote: »

My 91 year old relative is concerned about his will. He made a will a few years ago naming a sister-in-law as a beneficiary of a cash sum. Sadly his sister-in-law passed away on Monday and he is now concerned that the money will go to her children, who he does not get on with, should he die before changing his will. He says he wants to just cross her name out on the will (which was drawn up professionally by a solicitor) and sign next to it, but I am certain that will not be a good idea. Any suggestions please? Thank you.

The last thing he should domes amend the ordinal will document as he is suggesting. He needs to urgently make a new will. At his age he should not prevaricate.

BobQ

g6jns wrote: »

The last thing he should domes amend the ordinal will document as he is suggesting. He needs to urgently make a new will. At his age he should not prevaricate.

Agreed he should get on with it if it is required. As has been pointed out the SIL' children will not get the money so it may make no difference, although probably best to check.

Another consideration is who is the residual beneficiary? It is usual to have one when a bequest of a specific amount is made to one or more people. Does it matter to him that the residue will be higher by the amount left to the SIL? If so, another reason to change.

Not all solicitors make a huge charge to visit the house if there is a good reason so it may be worth asking, particularly if they are fairly local to the client.