Do I need a new will?

Yorkshireman99

jackieblack wrote: »

This is also my understanding.
Also happy to be corrected if wrong

Restrictions in a will purporting to limit inheritance beyond age 18 are not valid. The inheritor can claim the funds at 18.

jackieblack

Yorkshireman99 wrote: »

Restrictions in a will purporting to limit inheritance beyond age 18 are not valid. The inheritor can claim the funds at 18.

Yes, I understand that, if they have already inherited.
That's not the case in my parents' wills.
In this case my nephews would only inherit if both a) my brother is already deceased and b) they have reached 21 at the time the second of my two parents dies.
It's not that it says they would inherit but can't access the money until they're 21 (which I know isn't valid).
If they haven't reached 21 at the time the second of my two parents dies the whole estate would pass to me (and I would then ensure they get my brother's share)

Yorkshireman99

jackieblack wrote: »

Yes, I understand that, if they have already inherited.
That's not the case in my parents' wills.
In this case my nephews would only inherit if both a) my brother is already deceased and b) they have reached 21 at the time the second of my two parents dies.
It's not that it says they would inherit but can't access the money until they're 21 (which I know isn't valid).
If they haven't reached 21 at the time the second of my two parents dies the whole estate would pass to me (and I would then ensure they get my brother's share)

Thanks for the clarification. It would be interesting to know how the court would interpret that clause. The reason for the 18 cut off is, of course, that this is the age of majority. It iis good to hear that you will be fair about honouring the intentions of the will. Shame the solicitor drew it it up in that way no doubt with good intent by the testators.