Child Inheritance

jksmoonflower

Not sure if this is right forum but a google search brought up a My children have been left a share of their grandmothers house (their Dad...my then fiancee died in 2005). There were four children so they each get a quarter and my children get a 1/4 of a 1/4 each.
She died last May and so far the house had not been sold, the one brother lives in it and now the other has just sold his house and is moving in.
I am not on friendly terms with them.
What can I do to get my children's money for them
so that is at least invested for when then are older (the house is not being maintained and will be losing value). I would ideally like it in trust for them until they are 21 but I don't know if i can do that or what my rights (on their behalf are). The children are 16, 15 and 12 (older sibling is 22 and is their half-sister, we see her often and she is in touch with her Dad's family).

xylophone

If probate has been granted, you can get a copy of the will so that you can see the exact terms.

You can then show it to your own solicitor who will advise you as to whether the following would apply, and if so, when.

https://www.countrywise.org.uk/files/the_doctrine_of_lapse.pdf

" (a) where a will contains a devise or bequest to a child or remoter descendant of the testator;

and

(b) the intended beneficiary dies before the testator, leaving issue;

and

(c) issue of the intended beneficiary are living at the testator’s death,

then, unless a contrary intention appears by the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death".

dzug1

The executors of the will are de facto trustees for your children and have responsibility for looking after their assets until they are 18 (21 is more of a problem). They can set up a more formal trust and appoint alternative trustees - could be you


Getting them to act in an appropriate manner looks to be your problem - and not an easy one.

Annisele

As Xylophone says, you need to see the exact terms of the will.

Depending on precisely what it says, you might be able to force the executors to sell, or to pay 25% of a market rent. Or it might be that your children aren't entitled to anything until one or both of the brothers dies - exact terms matter!

jksmoonflower

Thank you...how to i go about getting a copy of the will? That would seem to be my starting point...

xylophone

https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records