New Will Required?

DancingBadger

I'm currently administering my late sister's Will and have been named as an executor on her husband's Will, which fine...except:-

The Wills were made in 2013.  Since then BIL's brother has died - and BIL has just told me categorically he doesn't want his brother's children to inherit their parent's share of his estate.

Am I right in thinking BIL needs to make a new Will PDQ (he's 85), as if he dies before doing so, the executors will be duty bound to make payment to the very people he wants to disinherit.

Mojisola

DancingBadger said:

The Wills were made in 2013.  Since then BIL's brother has died - and BIL has just told me categorically he doesn't want his brother's children to inherit their parent's share of his estate.

Am I right in thinking BIL needs to make a new Will PDQ (he's 85), as if he dies before doing so, the executors will be duty bound to make payment to the very people he wants to disinherit.

Which country is this in?

What does his will say? 

Presumably he has left money to his brother in his will?

DancingBadger

In the UK (England).

I don't know what the will says exactly.

He just told me he'd left money to his brother but nothing more - other than his brother has died and he doesn't want me to pay any money to his nephews and niece when the time comes.  

Mojisola

DancingBadger said:

He just told me he'd left money to his brother but nothing more - other than his brother has died and he doesn't want me to pay any money to his nephews and niece when the time comes.  

Then, yes, he does need to make a new will.

theoretica

I believe that money left to a child /grandchild will automatically go to their children if the person named in the will has died but money left to anyone else who dies first won't go to their children.  So he may not need a new will.  What he does definitely need is advice - someone with legal expertise to go through the will with him and check it does reflect his wishes.

Manxman_in_exile

theoretica said:

I believe that money left to a child /grandchild will automatically go to their children if the person named in the will has died but money left to anyone else who dies first won't go to their children.  So he may not need a new will.  What he does definitely need is advice - someone with legal expertise to go through the will with him and check it does reflect his wishes.

This was clarified  a couple of years ago by Mojisola and getmore4less:

Wills Act 1837 (legislation.gov.uk)

Who is beneficiary of mothers estate? - Page 2 — MoneySavingExpert Forum

DancingBadger

Manxman_in_exile said:

theoretica said:

I believe that money left to a child /grandchild will automatically go to their children if the person named in the will has died but money left to anyone else who dies first won't go to their children.  So he may not need a new will.  What he does definitely need is advice - someone with legal expertise to go through the will with him and check it does reflect his wishes.

This was clarified  a couple of years ago by Mojisola and getmore4less:

Wills Act 1837 (legislation.gov.uk)

Who is beneficiary of mothers estate? - Page 2 — MoneySavingExpert Forum

Thank you.  After perusing those links I've no doubt my BIL needs advice and a new will.

SeniorSam

We are making new Wills having seen an advert for free Wills with a £40 donation to Air Ambulance Trust. Solicitors often have a free Will time provided a donation is made to Charity.