Benificiary never told about will +

Dox

Flugelhorn said:

The money should have been held in trust for you in your name (though technically you should have been able to have it straight away ) 

Depends on the type of trust - if it was discretionary (impossible to judge from the little OP has said), then 30 is perfectly valid. But as the previous post says, the more interesting question is what 'share' refers to? Copy of the will, assuming it's been through probate, is available to download for £1.50: https://www.gov.uk/search-will-probate - worth checking it's the same as the one in your dad's files.

JDuck

The will states:
My executors shall divide my residuary estate into two equal shares and hold such shares upon the following trusts:-

One share if he shall survive me for my uncle's name absolutely and subject thereto if she shall survive me and attain the age of eighteen years for my cousins name absolutely.

One share if he shall survive me for my dad's name absolutely and subject thereto if she shall survive me and attain the age of thirty for my granddaughter my name and address .

Provided that if either of the trust's declared by this clause shall fall for any reason then as from such date the share as to which the said trust's shall so fail shall accrue to and be added to the other share.

Does this mean I get 1/4 I'm confused. 

Keep_pedalling

JDuck said:7

The will states:
My executors shall divide my residuary estate into two equal shares and hold such shares upon the following trusts:-

One share if he shall survive me for my uncle's name absolutely and subject thereto if she shall survive me and attain the age of eighteen years for my cousins name absolutely.

One share if he shall survive me for my dad's name absolutely and subject thereto if she shall survive me and attain the age of thirty for my granddaughter my name and address .

Provided that if either of the trust's declared by this clause shall fall for any reason then as from such date the share as to which the said trust's shall so fail shall accrue to and be added to the other share.

Does this mean I get 1/4 I'm confused. 

From the wording you have just posted, you would only have inherited if your father predecesed his mother. This was not the case, so you inherited nothing from her will.

Sea_Shell

Keep_pedalling said:

JDuck said:7

The will states:
My executors shall divide my residuary estate into two equal shares and hold such shares upon the following trusts:-

One share if he shall survive me for my uncle's name absolutely and subject thereto if she shall survive me and attain the age of eighteen years for my cousins name absolutely.

One share if he shall survive me for my dad's name absolutely and subject thereto if she shall survive me and attain the age of thirty for my granddaughter my name and address .

Provided that if either of the trust's declared by this clause shall fall for any reason then as from such date the share as to which the said trust's shall so fail shall accrue to and be added to the other share.

Does this mean I get 1/4 I'm confused. 

From the wording you have just posted, you would only have inherited if your father predecesed his mother. This was not the case, so you inherited nothing from her will.

That's how I read it too!    You'd only have inherited directly if your father had pre-deceased your Grandmother.

Sea_Shell

As for your Dad's new will, have you seen it?    How does it differ from any previous will, or if none, how does it differ from the intestacy rules?    

JDuck

Sea_Shell said:

Keep_pedalling said:

JDuck said:7

The will states:
My executors shall divide my residuary estate into two equal shares and hold such shares upon the following trusts:-

One share if he shall survive me for my uncle's name absolutely and subject thereto if she shall survive me and attain the age of eighteen years for my cousins name absolutely.

One share if he shall survive me for my dad's name absolutely and subject thereto if she shall survive me and attain the age of thirty for my granddaughter my name and address .

Provided that if either of the trust's declared by this clause shall fall for any reason then as from such date the share as to which the said trust's shall so fail shall accrue to and be added to the other share.

Does this mean I get 1/4 I'm confused. 

From the wording you have just posted, you would only have inherited if your father predecesed his mother. This was not the case, so you inherited nothing from her will.

That's how I read it too!    You'd only have inherited directly if your father had pre-deceased your Grandmother.

Ok Thank you.
I wasn't sure if there was any monies to come to me.

JDuck

Sea_Shell said:

As for your Dad's new will, have you seen it?    How does it differ from any previous will, or if none, how does it differ from the intestacy rules?    

As of yet I haven't seen the new will. 
I only know it has been changed. With my sister "I suspect being an influence" the previous one was for everything to go to my mum eventhough they were divorced. 
It's his capacity to articulate his wishes that come as a concern. He couldn't speak apart from yes or no. He couldn't read or write. Due to the stroke. But some paperwork sent to my mum asking for certain money amounts from her were very specific and he wouldn't of been able to state them alone. My sister or someone else would of had to thought about those subjects/money and such and spoken them to my dad in order for him to say only yes or no responses. 

xylophone

You father survived your grandmother and therefore was entitled to his half  of the the residuary estate - this means that you had no direct inheritance from your grandmother.

Any money due to your father that had not been paid out to him is now due to his estate - it is possible that his bank will not accept a credit to a deceased's account -  if so, the money will need to be paid to your late father's executor for distribution. 

With regard to your late father, the fact that he had had a stroke does not of itself mean that he was incapable of making a valid will.

However, in such circumstances, I would have thought that the involvement of a solicitor would have been almost a sine qua non if any interested party wished to avoid (as far as possible)  a legal challenge.

Keep_pedalling

JDuck said:

Sea_Shell said:

As for your Dad's new will, have you seen it?    How does it differ from any previous will, or if none, how does it differ from the intestacy rules?    

As of yet I haven't seen the new will. 
I only know it has been changed. With my sister "I suspect being an influence" the previous one was for everything to go to my mum eventhough they were divorced. 
It's his capacity to articulate his wishes that come as a concern. He couldn't speak apart from yes or no. He couldn't read or write. Due to the stroke. But some paperwork sent to my mum asking for certain money amounts from her were very specific and he wouldn't of been able to state them alone. My sister or someone else would of had to thought about those subjects/money and such and spoken them to my dad in order for him to say only yes or no responses. 

Your father certainly had good reason to change his will all divorced people do, but that should have been done at the time, and with his current lack of capacity any new will is open to a challenge that would have a good chance of succeeding. If for instance it leaves everything to your sister both you and  you mother would have good cause to challenge it. If it leave everything split between you and your sister then your mother could challenge it.

Mojisola

JDuck said:

He couldn't read or write. Due to the stroke.

How did he sign the new will?