Wills and grants

Tom99

[FONT=Verdana, sans-serif]My understanding is that:[/FONT]

[FONT=Verdana, sans-serif]1 Since grandma survived 30 days after grandad died she inherits all of grandad's estate.[/FONT]

[FONT=Verdana, sans-serif]2 The executor and trustee (your uncle) is to collect all assets, pay all debt, then invest the money as he sees fit, in his own name but on trust for your grandma.ie its all grandma's money but uncle is taking care of it.[/FONT]

[FONT=Verdana, sans-serif]I imagine in most cases, with a will like that ,the executor would just administer the estate and pay to your grandma the net proceeds.[/FONT]

[FONT=Verdana, sans-serif]There does not see to be much merit in him going to the bother of setting up a trust fund for one person, your grandma, its not a life interest trust which would be more complicated. However he may have set up a trust and invested the money.[/FONT]

[FONT=Verdana, sans-serif]Either way your grandma's estate should be everything she inherited from her husband which has not already been spent plus anything else she owned including anything held in trust by your uncle.[/FONT]

[FONT=Verdana, sans-serif]It will be inherited by whoever she named in her will* or split 50% to uncle and 50% split between you and your siblings if there was no will.[/FONT]

[FONT=Verdana, sans-serif]NB: If grandma had not survived 30 days, grandad's estate would go entirely to your uncle with nothing to the three of you, since your mother did not survive your grandad.'said children as shall survive me'[/FONT]
[FONT=Verdana, sans-serif]*Maybe grandma's will says the same which is why he is claiming the lot?
[/FONT]

Tom99

What year is the will dated? It looks typewritten.
I think the phrase 'children as shall survive me' is textbook solicitor will writing in the late C20th, not long after the eldest son always inherited the manor house.
My parent's original wills written in the 1980's said exactly the same, even though they had grandchildren. I am sure it was not their intention to disinherit their grandchildren if one child died before them and effect of that clause was not properly explained to them.

Mojisola

Minty74 wrote: »

My grandma recently passed away, she inherited my grandads estate when he passed away 3 years ago, my grandma doesn’t have a will.

They had two children, my mum and uncle,

my mum passed away in 2004, so that just leaves my uncle and 3 grandchildren ie me,my sister and brother.

If your grandma didn't leave a will, then under the intestacy rules, you three inherit your mother's share.

If your grandma left a will that was the same as your grandfather's, then your uncle inherits the lot.