Section 33 query

vigman

Hi

Mr X left his estate to his four children. Two of these Fred and Bill have died before him. The two living children Mary and Jane were expecting the balance of the estate

Mr X did not like Fred and Bill' s wives and verbally expressed that he did not want them to benefit from his estate.

However Bill's widow has two adopted children and Fred married a woman with children by various fathers

We have just been informed that as wording from section 33 of the Wills Act was not in the will, Mr X's grandchildren may be due a share of the estate.

He would not have wanted this but is this correct please?

Also are the various step children of Fred and his widow treated as Mr X's grandchildren?

Are Bill's adopted children treated as grandchildren for inheritance as there is also no blood relationship?

TIA

Vigman

MichelleUK

In England, children that have been officially adopted by the deceased are ranked the same as natural born children. Step children are not, unless they have also been adopted.

TBagpuss

Yes, unless specifically excluded, his grandchildren would be entitled to to the shares their deceased fathers would have inherited.

'grandchildren' would mean adopted and biological children, but not step children.

So, if Bill and his wife adopted their children, then those children are Mr X's grandchildren and will share the part of Mr X's estate which Bill would have inherited. If the children were adopted by Bill's wife as a single person, or with a former partner, and Bill himself didn't adopt them, they are his step-children and don't inherit.

If Fred had no children (adopted or biological) then his share falls back into the estate.

Neither widow is entitled to anything in her own right.

vigman

Thank you very much TBagpuss. This has come as quite a shock as Mr X would not have wanted the adopted grandchildren to inherit his deceased son's share

This will was badly drawn up by people who we have had legal fights with since and he was not advised about specifically excluding grandchildren. He also did not expect to outlive his sons and was suffering from dementia when they died so was not fit then to make the appropriate changes.

Vigman

Keep_pedalling

vigman wrote: »

Thank you very much TBagpuss. This has come as quite a shock as Mr X would not have wanted the adopted grandchildren to inherit his deceased son's share

This will was badly drawn up by people who we have had legal fights with since and he was not advised about specifically excluding grandchildren. He also did not expect to outlive his sons and was suffering from dementia when they died so was not fit then to make the appropriate changes.

Vigman

But had the son survived him, the adopted children would have eventually benefited from their father's inheritance, so it seems odd that he would have wanted them to get nothing. Seems cruel to disinherit them on top of experiencing the premature death of their father.

da_rule

Things could be further complicated if the children are under 18 as trusts may be created which would require appointing two trustees.

vigman

Thanks everyone. There is no point applying logic or sense in this matter.

The family involved were ultra secretive to their family but entrusted persons who manipulated them to their own profit.

Many civil legal actions are in place from past events but the will has just added to the unpleasant and expensive mess

To answer Keep Pedalling specifically the son could do no wrong and was to inherit the main house but his wife the daughter-in-law and adopted children were detested. It was pointed out that anything the son was left would go to them eventually but the family were told that this would be taken care of by the unscrupulous 'financial advisers' who drew up the will

Vigman

vigman

da_rule wrote: »

Things could be further complicated if the children are under 18 as trusts may be created which would require appointing two trustees.

One of the adopted children is under 18.

Vigman

da_rule

In that case there will also need to be two trustees appointed to manage the money/assets due to the under 18 year old until they turn 18.

Mojisola

vigman wrote: »

Mr X left his estate to his four children. Two of these Fred and Bill have died before him.

Mr X did not like Fred and Bill' s wives and verbally expressed that he did not want them to benefit from his estate.

However Bill's widow has two adopted children and Fred married a woman with children by various fathers

Were the children adopted by Bill and his wife or by his widow after Bill's death or by her before she married Bill?

Fred's widow's children were his step-children - not adopted by him? - if so, they wouldn't inherit from Fred's father.

vigman

Mojisola wrote: »

Were the children adopted by Bill and his wife or by his widow after Bill's death or by her before she married Bill?

Fred's widow's children were his step-children - not adopted by him? - if so, they wouldn't inherit from Fred's father.

Bill and his wife adopted the children together several years ago. The over 18 child has severe special needs and lives in sheltered accommodation. Would a trust have to be set up for her because of this?

Bill's widow is already extremely wealthy partly because Mr X gave his son large amounts of money in his lifetime.

Vigman