Will Changed 1 Month Before Mothers Death

Merchandiser2367

lincroft1710 wrote: »

But in your first post you said she intimated this 3 or 4 years ago, a lot can happen in even that relatively short space of time.

That is true but I think most people would agree, 5/10/15/30 etc years could pass but your grand daughter would remain your grand daughter.

Just seems all a bit strange......

But thank you for your comments, certianly beneficial to look at all sides of the coin

74jax

Merchandiser2367 wrote: »

That is true but I think most people would agree, 5/10/15/30 etc years could pass but your grand daughter would remain your grand daughter.

Just seems all a bit strange......

But thank you for your comments, certianly beneficial to look at all sides of the coin

This is true, daughters remain, grand daughters remain etc. It doesn't mean something you once planned for your will remains though. Otherwise, we'd all make just one will.

As you're in Scotland, and from what I have followed on this thread, your sibling can claim against the will. She could then always pass this to her daughter, the grand daughter in question, this might be a way round it?

Personally i would let it go, it could cause more grief fighting this. Maybe ifyou were to speak to thosewho have benefited? They might be able to help with the last year's of your mother's life, and how they became a large part of her life? ,

Ziggazee

Where there's a will there's a relative. *sigh*

peachyprice

Merchandiser2367 wrote: »

That is true but I think most people would agree, 5/10/15/30 etc years could pass but your grand daughter would remain your grand daughter.

Just seems all a bit strange......

But thank you for your comments, certianly beneficial to look at all sides of the coin

Did the grand daughter keep in touch with her during those 3/4 years?

If she didn't perhaps the grandmother didn't think she deserved to inherit.

If she did keep in touch with her it seems strange that she wouldn't have known this person who was obviously in her grandmother's life.

Also, your title is very misleading. The will wasn't changed, there never was a will leaving anything to your niece.

Jagraf

How close were you, your sister, and your niece to her?

Are we basically saying she wrote her will a month before she died, but no one on your side of the family has inherited anything?

Merchandiser2367

Jagraf wrote: »

How close were you, your sister, and your niece to her?

Are we basically saying she wrote her will a month before she died, but no one on your side of the family has inherited anything?

No one at all in our family has inherited anything.

My neice is 10 years old so still a child.

lincroft1710

Merchandiser2367 wrote: »

That is true but I think most people would agree, 5/10/15/30 etc years could pass but your grand daughter would remain your grand daughter.

I know a family where the grandmother has ceased contact with her grandchildren, but I don't know the reasons for this.

I understand your concern about the validity of your mother's will. But from what you have posted you have no proof that your mother intended to leave her estate to her granddaughter unless you can locate an earlier will.

Have you still no idea who the beneficiaries are?

pendragon_arther

onetwothreefourfive wrote: »

Did she die resident in Scotland? Did she have money as well as property? Is the will made by a Scottish solicitor?

In Scotland as her children you are entitled to a share of her "moveable estate", and if she was married her spouse would be entitled to a share too. You can't be disinherited from it.

That was the point I was trying to make. Scottish and English inheritance law is virtually the same although the percentages may be different:

2. Legal Rights
A surviving spouse or civil partner and children are entitled to certain "legal right" out of the deceased person's moveable estate. In Scots law, heritable property means land and buildings, while moveable property includes such things as money, shares, cars, furniture and jewellery.
The surviving spouse or civil partner is entitled to one-third of the deceased's moveable estate if the deceased left children or descendants of children, or to one-half of it if the deceased left no such children or descendants.
The children are collectively entitled to one-third of the deceased's moveable estate if the deceased left a spouse or civil partner, or to one-half of it if the deceased left no spouse or civil partner. Each child has an equal claim. Where a child would have had a claim had he (she) not died before his (her) parent, his (her) descendants may claim his (her) share by the principle known as representation.


http://www.scotland.gov.uk/Publications/2005/12/05115128/51285