Complicated, but advice needed

naedanger

onwards&upwards said:

naedanger said:

Well from what the solicitor said it sounds like the two-blood great grandchildren are each entitled to £10k.
Therefore if others want to see another step great grandchild inherit £10k (to equal the blood great grandchildren's share) then you could insist that they take this from their share.

I guess what I am about to say next you will not like, but I am actually saying for your benefit and not anyone else. If I was in your position I would ensure the step great grandchild was also given £10k. This cost of this should (provided your daughter agrees) be split equally between yourself your son, and  your daughter (as you three share the residual amount equally). Alternatively if your daughter won't agree I would split the cost equally between yourself and your son.

If just seems to me best to take a pragmatic decision and move on as quickly as possible. If you are getting a large inheritance then don't let it actually cause you harm when it should be a significant benefit.

I wouldn't ask the daughter to give up any of her inheritance, she is recently widowed with a long child, the money will be very useful to her I'm sure. 

The son and the OP should use their shares to provide for the step grandchildren. 

Good point. I think I was looking at it a bit too logically/clinically and forgetting the daughter's circumstances.

JollyLady

naedanger said:

Quite possibly, but no-one knows what the future holds.

It seems you are the one most adversely affected by this situation (i.e. the conflict), and that seems silly given you are actually the greatest beneficiary. You can actually solve the problem by giving up a small part of your inheritance, so it would seem like money well spent.

'The greatest beneficiary?' As in I have no pension apart from the state as been a stay at home mum sporadically for years? Mainly in the recent care of my parents, having acheived a first class degree as a mature student, not really relevant

JollyLady

naedanger said:

onwards&upwards said:

naedanger said:

Well from what the solicitor said it sounds like the two-blood great grandchildren are each entitled to £10k.
Therefore if others want to see another step great grandchild inherit £10k (to equal the blood great grandchildren's share) then you could insist that they take this from their share.

I guess what I am about to say next you will not like, but I am actually saying for your benefit and not anyone else. If I was in your position I would ensure the step great grandchild was also given £10k. This cost of this should (provided your daughter agrees) be split equally between yourself your son, and  your daughter (as you three share the residual amount equally). Alternatively if your daughter won't agree I would split the cost equally between yourself and your son.

If just seems to me best to take a pragmatic decision and move on as quickly as possible. If you are getting a large inheritance then don't let it actually cause you harm when it should be a significant benefit.

I wouldn't ask the daughter to give up any of her inheritance, she is recently widowed with a long child, the money will be very useful to her I'm sure. 

The son and the OP should use their shares to provide for the step grandchildren. 

Good point. I think I was looking at it a bit too logically/clinically and forgetting the daughter's circumstances.

Of course my heart bleeds for my daughter, but why does that make a difference to the will being executed. The will is written on a certain day, given the person's wishes.It is a moment of wishes captured in time. 

kangoora

You've got an estate worth almost £1m I presume. There is £30k going to your ex and the great grand-children (5 of them ncluding non blood it looks like) but it appears you are only concerned about the 2 blood and the stepson.

If all great grandchildren (including stepson but excluding the new household your son has) were to inherit they would get £6.6k each. It appears there are only 2 blood great grandkids so they get £10k each and the stepson get nothing. It's a little difficult to unpick the relationships......

There is a pragmatic approach I've outlined below but it relies on you, your son (and possibly daughter) agreeing to it.

Why not give the 2 'blood' great grandkids their £10k each as laid out in the will but make a 'gift' of £6.6k (after the estate is reconciled) to the stepson which would be his entitlement if the £20k was split 3 ways? This gift could be paid by the 2 residual beneficiaries that are concerned (you and son) or 3 ways if daughters agrees (maybe possible). That way the two under 2 year old kids would have no grounds to challenge anything and, frankly, £3.3k each (if split 2 ways) or £2.2k each if split 3 ways should make hardly a dent. You could even gift £10k between the 2 (or 3) of you if you wanted the stepson to get the 'same' and are prepared to gift extra. It does sound like you think he should get a share but legally the will won't allow it.

I'm not sure how you can reconcile that 1 stepson is entitled to a share but the other 2 kids your son has 'inherited' are entitled to nothing - thats up to you but I'd consider whether to give gits to them also - again outside the estate. If your son is not moaning about them then probably best to leave well alone. Gifts outside the estate are completely voluntary and have no bearng on the estate distibution according to the will.

Finally, I wouldn't blame the solicitor unless they were specifically advised that 'non-blood' great grandkids should have been included and they failed to address that in the will. Also, I'm sorry to say, it would have been your mothers responsibility to understand and agree the will was correct before signing.

Hopefully, if I'm talking rubbish above someone will correct me

PS I hope, as executor, you have lodged a claim against the bankruptcy administrators of London Capital & Finance and checked if she was advised by an IFA to invest in it - if an IFA advised her then the could be an FSCS claim against that firm.

naedanger

JollyLady said:

naedanger said:

Quite possibly, but no-one knows what the future holds.

It seems you are the one most adversely affected by this situation (i.e. the conflict), and that seems silly given you are actually the greatest beneficiary. You can actually solve the problem by giving up a small part of your inheritance, so it would seem like money well spent.

'The greatest beneficiary?' As in I have no pension apart from the state as been a stay at home mum sporadically for years? Mainly in the recent care of my parents, having acheived a first class degree as a mature student, not really relevant

I just meant the the greatest beneficiary from your mother's estate.

You are of course entitled to stick with the legal position. 

Brynsam

JollyLady said:

Have approached the solicitor who wrote the will, and he just rants at me that the will has to be executed within the words of the law, whilst realising he made a big error in the wording

Solicitors aren't much given to ranting. Has he acknowledged that he made a big error in the wording, as you suggest, or are you just assuming that? If he followed the instructions he was given by his client, there is no error and he is entirely correct that the will needs to be executed as it stands unless one or more parties are prepared to give up part of their inheritance in favour of others.

JollyLady

Brynsam said:

JollyLady said:

Have approached the solicitor who wrote the will, and he just rants at me that the will has to be executed within the words of the law, whilst realising he made a big error in the wording

Solicitors aren't much given to ranting. Has he acknowledged that he made a big error in the wording, as you suggest, or are you just assuming that? If he followed the instructions he was given by his client, there is no error and he is entirely correct that the will needs to be executed as it stands unless one or more parties are prepared to give up part of their inheritance in favour of others.

He did rant. He did acknowledge his lack of understanding of the family situation. I am not assuming. I went to clarify it with him and then he ranted, as he had no knowledge of the step grandson. It was at that point that he realised his error. My son only got with this lady, and her two girls, on Facebook, eve of mum's funeral. She/they have nothing to do with mum's will, in fact mum would be horrified

JollyLady

kangoora said:

You've got an estate worth almost £1m I presume. There is £30k going to your ex and the great grand-children (5 of them ncluding non blood it looks like) but it appears you are only concerned about the 2 blood and the stepson.

If all great grandchildren (including stepson but excluding the new household your son has) were to inherit they would get £6.6k each. It appears there are only 2 blood great grandkids so they get £10k each and the stepson get nothing. It's a little difficult to unpick the relationships......

There is a pragmatic approach I've outlined below but it relies on you, your son (and possibly daughter) agreeing to it.

Why not give the 2 'blood' great grandkids their £10k each as laid out in the will but make a 'gift' of £6.6k (after the estate is reconciled) to the stepson which would be his entitlement if the £20k was split 3 ways? This gift could be paid by the 2 residual beneficiaries that are concerned (you and son) or 3 ways if daughters agrees (maybe possible). That way the two under 2 year old kids would have no grounds to challenge anything and, frankly, £3.3k each (if split 2 ways) or £2.2k each if split 3 ways should make hardly a dent. You could even gift £10k between the 2 (or 3) of you if you wanted the stepson to get the 'same' and are prepared to gift extra. It does sound like you think he should get a share but legally the will won't allow it.

I'm not sure how you can reconcile that 1 stepson is entitled to a share but the other 2 kids your son has 'inherited' are entitled to nothing - thats up to you but I'd consider whether to give gits to them also - again outside the estate. If your son is not moaning about them then probably best to leave well alone. Gifts outside the estate are completely voluntary and have no bearng on the estate distibution according to the will.

Finally, I wouldn't blame the solicitor unless they were specifically advised that 'non-blood' great grandkids should have been included and they failed to address that in the will. Also, I'm sorry to say, it would have been your mothers responsibility to understand and agree the will was correct before signing.

Hopefully, if I'm talking rubbish above someone will correct me

PS I hope, as executor, you have lodged a claim against the bankruptcy administrators of London Capital & Finance and checked if she was advised by an IFA to invest in it - if an IFA advised her then the could be an FSCS claim against that firm.

Really? Estate less than half that. Have 2 blood grandsons, and one step. Where do you get 5 from? Cannot get your essay as it does not make sense. It would have been my mother's responsibility before signing, for sure. Also did say in OP that we knew she was not ok in making decisions. That is more to do with the woman we knew, more than the legal stuff and the rubbish solicitor.

I also did not say, at any point, that the two new children that my son has taken on, are part of this. They are not

JollyLady

The one thing nobody has acknowledged, is the fact that the family is dysfunctional from my original post. I am in counselling and mental health services as a result

ames1010

Jolly lady this all sounds stressful but the main thing is you have a will and as one of the executors you can refer to it if family tensions build. What has your son said about a possible inheritance for the other grandson? Is he willing to put some of his inheritance money towards his ‘son’  because as you said, the £20,000 left by your mother was for the other two grandchildren? Have I got that right or did your mum mean all three? 

The last poster mentioned putting in a claim against the bankruptcy administrators so that is definitely something ugh could look into on Monday. 

Mind is a very good charity to look at online and sign up to so please consider this although I know you are receiving some help. It’s all so stressful and worrying for you, but you can do this and you will feel better soon. I know how it feels with the pressures and stress of these situations.