Beneficiary queries

TBagpuss

OP, what made you think your would be getting anything from your great aunt?

Fromwhat you say, although your mum was (unusually!) present for the initial meting with the solicitor, it doesn't sound from what you have posted that there was any suggestion by your great-aunt that she wanted to leave anything to you or your sibling.

If your great-aunt had died first, and left money to you mum, then if your mum names you as a beneficiary you might have got a share of the assets she had already inherited, but that is not what happened, and your mum never inherited.

In terms of any claim you personally have against your great aunt, the chances are very slim indeed. You would only be able to challenge the will if
(i)you were able to show it was not valid (becuae it was incorrectly executed, or because your Great Aunt did not have capacity. That sounds unlikely, as it was professionally drawn up, and the lawyer met your Great aunt more than once, and your parents were there for part of the time and seem not to have rasied any concerns about your aunt's understanding or capacity.
(ii) you were to claim that she failed to make reasonable provision for you. This was the basis on which Mrs Ilott made her claim. However, only certain classes of person can make a claim. Mrs Ilott qualified as a child of the deceased. The people who can apply are:
- Spouse or former spouse
- child
- child of the family (this would typically be step-children, but could also be a grandchild or other relation brought up by the deceased)
- Unmarried partner living with the deceased
- other person who was maintained by the deceased immediately prior to their death.

So unless you were being financially supported by your great aunt immediately, or were treated by her as a child of her family, then you would not have any standing to make an application for any provision from her estate.

I have to say, that even if you did have standing, I think it is unlikely that you would succeed - it's hard to see a failure to name a great-niece or great-nephew in your will as unreasonable. But that is a moot point as it would appear that you have no standing to make a claim in any event.

BobQ

-taff wrote: »

I've just re-read your post and you say the first will stipulated that part f her state go to charity.
The second one says all of it to charity.

This seems to show that she did have specific charities or a relationship with cetain charities.


Not that it makes an ounce of difference to the second will and it's contents or again, your chances....

You seem not to have read it very accurately.

There were not two wills. Also the OP does not say that there was a second will giving the money to charity.

Clearly one of those present at the first meeting told the OP what had happened. (ie she had instructed the solicitor that the house was to be left to OP's mum and the cash to charity). Whoever stated this may be correct or not.

Later the OP has learned from the solicitor's secretary that that will was changed in some way before it was signed- specifically"she stipulated that in the event of the beneficiary dying she wants all her estate to go to charity"

It seems clear from this that at the original meeting the solicitor was unsure of the deceased's wishes (or at least wished to question them) if the mother were not to survive her, so he checked this before the will was signed.

Without the Will it is difficult to say what it states. But it does appear to leave the OPs mum a legacy and contain a clause stating what happens if she does not survive the testator.

Naming a charity does not constitute a relationship with it. My Will leaves something to a charity I have never used, previously donated to or ever visited.

getmore4less

I don't think the op was ever a beneficiary of the will.

If there were no residuals then they may be in the intestate pool.