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Grandads Will-Should he include Money for an 'Unborn/INVISIBLE grandchild' in the Will?Advise needed
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You say, when he is writing his will, which indicates a DIY job and he really should not do that. His will should be drafted by a solicitor who can easily cover issues like this and all the other what ifs he has not even thought about.
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I agree with KISS.
Keep the bequests limited to people who actually exist at the time of testator's death.
Maybe dad could give son 3 an extra £1000 and a letter advising him to invest it in case of a future grandchild if he feels like he wants to 'even it up'?
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What about either giving son 3 £2,000 more than other sons to cover such unknowns, or just give all 3 sons the same amount and let them pass on a discretionary amount to their offspring as they see fit?
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How does grandad know how much to leave for grandchildren of the future?
Son 3 may become dad to twins some other multiple birth1 -
Terminology is slightly confusing me here.
The OP refers to "Grandad's Will"
The the OP appears to be one of three siblings, two with children and the third with "no kids yet" (OP).
If I was the OP, I would be referring to "Dad's Will", particularly as the OP does not have children so, presumably, would not be be regularly referring to his father as "Grandad" within his household to his children.
Or is there another whole generation (OP's parents) omitted from the OP, but quite important in the arrangements and how the future could pan out?
It would assist understanding if the OP could confirm age ranges of Grandad and subsequent generations as it may have a bearing on the complexity of the whole thing:- If the OP and his siblings are age range 20-30, then the grandchildren will be well below the ago of majority, but "Grandad" might be still in his 50's. In this case, with everyone possibly expected to have many years ahead, natural timeline of events may resolve the dilemma as presented (no mention in the OP of "Grandad" being in ill health). The OP might yet still find another sibling is to be sired
- If the "Grandad" is more mature, such that his natural passing may be expected in, say, the next 10 years that puts him in the >75 bracket I'd imagine. Hence, the OP and siblings likely already in their 50's and the grand-children already adults.
0 - If the OP and his siblings are age range 20-30, then the grandchildren will be well below the ago of majority, but "Grandad" might be still in his 50's. In this case, with everyone possibly expected to have many years ahead, natural timeline of events may resolve the dilemma as presented (no mention in the OP of "Grandad" being in ill health). The OP might yet still find another sibling is to be sired
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We have no idea who the OP is in relation to the man writing the will, he could be any one of the sons, a sibling, a partner, or an unrelated friend who's been asked for his thoughts!0
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Why doesn't Grandfather leave a fixed percentage of his estate to be inherited equally between his children and a fixed percentage of his estate to be shared equally between the grandchildren living at a date nine calendar months from the date of his death?0
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IMO, a will needs to be sufficiently simple as to allow the estate to be managed and distributed in a timely manner and with few disagreements between benefactors as possible.
A complicated will, such as that proposed by the OP, does not facilitate an easy closure which could, in itself, cause pain and sorrow by prolonging the grieving process.
I know my mother's will is needlessly complicated. My two brothers and I were asked about our views on the will and I refused to comment to my mother as it is up to her how she chooses to distribute what is hers. I did comment to my older brother that I was just relieved not to have been named as an Executor.
In fact, we have a situation similar to that of the OP's. My father already passed leaving my mother with three sons to potentially inherit. My two brothers both have children and I do not. Unlike the situation in the OP's case, I am delighted to see my nieces and nephews listed as beneficiaries as relatively small sums will make a massive difference to them starting out in life, whereas the same value will be "nice to have" if I inherit, but not life-changing. My thinking is clearly different to the OP as I have suggested that my mother could do well by making life-time gifts to my younger brother, who is yet to climb onto the housing ladder, and / or to my nieces and nephews who would also be greatly helped by supporting in establishing their homes. The person in the OP's case does not appear to have a similar mind-set.0 -
I'm with the KISS faction. Otherwise, where does it end? Suppose for example that one of the currently married sons divorces, marries again and has a second family?
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