Regarding a Will

bonkers12

Good Morning ,


This is question is regarding a will, My wife's mother and father made a will several years ago, upon their deaths they would leave their money to their childeren my wife and her sister ,sadly my wife's sister passed away last year, would the money that would have been split between my wife and her sister now be split between my wife and her late sisters husband? . could i just add that their isn't any dispute between my late wife's sisters husband and us but i remember some time ago that it was my wife's mother and father's wishes that any money left in their will would go to thier daughters not their son-in-laws, so just a question i wondered if anyone had any thoughts on. Thank you

getmore4less

Depends on the wording of the will which you have not provided

Also depends if the sister had kids.

have a read of : section 33 wills act

bonkers12

Thanks for your reply, i will have a look at the will, no my wife's late sister had no children. thanks again .

nom_de_plume

Unless the Will says her sister's husband is to receive her bequest, he would not automatically be entitled to it. Unless there was an alternative proviso in the WIll the bequest would 'fail' and would then form a part of the residual pot.


If the Will was very simple and just left everything to be split 50:50 between the two sisters then the surviving sister would receive everything.

getmore4less

unless the surviving sister had kids then section 33 applies/

nom_de_plume

getmore4less wrote: »

unless the surviving sister had kids then section 33 applies/

bonkers12 wrote: »

no my wife's late sister had no children. thanks again .

No children according to the OP.

bonkers12

Thank you non deplume, that's pretty much what we thought, thanks for taking the time to reply.

Socajam

Look for the husband to question this and may even contact a solicitor
He may see this as part of his wife's estate, even if he is not entitled to anything.
Money and people are like oil and water.

xylophone

My wife's mother and father made a will several years ago,

They each made a will?

They are still living?

They could make new wills if necessary?

unforeseen

Socajam wrote: »

Look for the husband to question this and may even contact a solicitor
He may see this as part of his wife's estate, even if he is not entitled to anything.
Money and people are like oil and water.

Since the wife died before either parent then it can never be part of her estate