Intestate Estate

Haylzdoll23

Hi I was wondering if anyone could help at all. My grandad passed away 5weeks ago 😔 he didn't have an upto date will and unfortunately didnt get the chance to update it before he passed like he wanted. He has three children, one of who has also passed but has four surviving children. The solicitor has told them that the four children are entitled to their Fathers 1/3 of the estate split 4 ways. They haven't seen him for over 20 years and we understand this is law but are obviously angry as would he be. Is there anyway this can be challenged as they are all looking at benefiting greatly from him. Thanks for any info in advance 

Savvy_Sue

Can it be challenged? Yes. Should it be? No, because the amount of money that would cost will almost certainly seriously reduce the value of everyone else's share of the estate. 

Not to mention the heartache and grief it will cause. 

I am sorry for your loss, but your grandfather had 20 years in which he could have amended his will. For whatever reason, he did not choose to do that. 

I hope that the executor(s) will choose to comply with the law with dignity - or if they feel they can't do that, that they choose to place the matter in the hands of solicitors to deal with the distribution. 

Haylzdoll23

Hi thanka for the reply. You are really already telling me what I know I'm just clutching at straws, it would make him so angry 😔 it's already in the hands of the solicitors at the moment and they will be the ones dealing with it. Just hard to get everything sorted in current situation. The solicitor said the only thing they can do is disclaim there share but I don't think they will do that. Legally they are entitled to it, morally not so much. It's not like we even want the money it's the principal. Yes I wish we had taken him in time to sort it x

Brynsam

Haylzdoll23 said:

Hi thanka for the reply. You are really already telling me what I know I'm just clutching at straws, it would make him so angry 😔 it's already in the hands of the solicitors at the moment and they will be the ones dealing with it. Just hard to get everything sorted in current situation. The solicitor said the only thing they can do is disclaim there share but I don't think they will do that. Legally they are entitled to it, morally not so much. It's not like we even want the money it's the principal. Yes I wish we had taken him in time to sort it x

Would it really have made him as angry as you believe? If so, surely he would have updated his will? Sometimes people don't update wills precisely because they are not going to be as upset as other relatives believe, and 'not getting round to it' can be a useful stalling tactic. As for it being 'the principle' - his grandchildren may not have seen him for 20 years, but he may have wanted them to benefit simply because they are the offspring of his own late child. Perhaps that was the principle he had in mind?

You may respond with outrage to the idea, but think it through. Could it be correct? If so, it might help you feel just a little better about something you obviously feel is wrong.

Malthusian

The majority of people would want their grandchildren to inherit in their deceased children's place, which is why the law assumes that as the default position, both in intestacy and when a Will does not specify what happens if a beneficiary is already dead but left children. As apparently did your grandfather. (As a point of information, this wasn't an intestate estate, as he had a current and valid Will.)

Inheritance is not a competition as to who showed the deceased the most love, and families who attempt to distribute their estates to reward the children / grandchildren who visited more often are invariably more bitter and hateful towards each other than families who simply split the money equally.

If the grandchildren had visited him every single day and then you found out that he'd left the majority of the money to them, you wouldn't be saying "fair enough, they deserved it for showing him more love", you'd be saying "my cousins harassed my poor old grandpa into changing his Will in their favour, how can I challenge this".

xylophone

he didn't have an upto date will and unfortunately didnt get the chance to update it before he passed like he wanted.

He did not die intestate - he left a valid will.

He had many years to change that will if he had so wished.

It is not impossible that upset as he may have been with his son, and sad as he may have been about lack of contact with his grandchildren, he yet could not bring himself to take a definitive step towards disinheriting them.  It was better to do nothing and just let fate decide.

As for challenging the will, while this would be possible, I cannot see any reason at all why such a challenge would succeed (for the very reason that the testator did absolutely nothing about altering his will when he time and capacity to do it).

Stop agitating yourself, remember your grandfather with love and thankfulness and enjoy the gift he has left you without bitterness towards those you consider less deserving.