My grandads will

vickyoak

my grandad recently passed away and his i have been named as one of 6 to get an equal share of his estate along with my mum, her sister and 3 brothers also. my mum sadly passed away and the will says if any of us were to die their share would go to his /her children. i have a half brother and ive found out from his dad that hes been told hes getting all my mums share.. i understand it as i should be getting my sixth plus half my mums share.. does anyone know if this is correct and has anyone had gone through anything similar..

SevenOfNine

Strictly at face value, yes, you & half brother would share what your mum would have got (& you also inherit your 1/6 separately).

Who is/are the executors, if they are not professionals you may need to be brave enough to point out they will be financially liable if they don't distribute correctly in accordance with the will. Therefore, if it might be wise if they consult a solicitor who can check/confirm your understanding.

TBagpuss

Did your mum die before or after your grand-dad? If she died before him, then yes, her share goes equally to her children.

If she died after him, then (possibly depending on how close together they died) then her share may form part of her estate and would go according to her will.

Since you've heard it all at second or third hand, I would suggest that you contact whoever is the executor, and say that that you are sure it is a misunderstanding but to avoid any possible problems wanted to flag up that you had been told that your half brother has apparently heard he would get the whole of your mum's share, and you just wanted to let them know, so that they can let your half brother know he is mistaken, and he will be getting half his Mum's share, (plus anything left to him directly)

If you start by assuming that there has simply been a communications mix up rather than anything else then it gives the executors a graceful 'out' if they had made a mistake, and if it is that either you brother or his dad misunderstood, then the executors can correct them.

If the executors tell you that that is right and your brother is getting your mum's share, then at that point you can ask them to explain why they think that is correct, and if necessary, let them know that they can't disregard the will and that they would be personally liable if they don't follow it, but I wouldn't start with that!

charlotte1994

Yes, you and your brother should be getting half of your mums money each! Why his dad told him he was getting all of it is beyond me

Therefore, if it might be wise if they consult a solicitor who can check/confirm your understanding.

I second this

Alfrescodave

Be careful that you are not responding to mis information. All you have is at best a rumour.

If possible speak to the actual executor of the will in order to clarify the situation. If they confirm the rumour then ask them to explain their thinking and then consider speaking to a solicitor.

nom_de_plume

TBagpuss wrote: »

Did your mum die before or after your grand-dad? If she died before him, then yes, her share goes equally to her children.

If she died after him, then (possibly depending on how close together they died) then her share may form part of her estate and would go according to her will.

Just re emphasising this very valid point.

vickyoak

my mums sister

vickyoak

my mum passed beginning this year.. i lived with my grandparent as my mum had my really young so not sure if this could make a difference - not adopted by them or anything like that.

SevenOfNine

So presumably the will states that if any of the beneficiaries predecease grandad, their share passes to any children they may have (in this case you & half brother).

You do need a conversation with the executors - who are they? They really are, at the moment, the only ones who can tell you what their understanding of the situation is. If it isn't for you to inherit half of what your mum would have got had she outlived grandad, then they (not you at this point) really need to obtain legal advice before handing money out on their interpretation, which may well be incorrect.

Have you actually seen, or have a copy, of the will? It's all a bit he said/she said at the moment, first hand information is what you need from the executors, assume you are on good terms?

Yorkshireman99

vickyoak wrote: »

my mum passed beginning this year.. i lived with my grandparent as my mum had my really young so not sure if this could make a difference - not adopted by them or anything like that.

That makes no difference. Do you know who the executor is? You need to talk to them first because your aunt may have not heard the facts.

vickyoak

just spoken to my aunt and she sees that im seen as a child not a grandchild in the will as i have an equal share so cant inherit my mums share too so my brother will get all my mums share.