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Understanding wording in a will

I have made a will but unsure if the wording is correct I want my daughters to have 50/50 on the whole of my estate but my solicitors has but this in can anyone please explain what it means ifone shall die before me I want the other to get yhe whole estate 
If any of my said daughters shall predeceaseme tgen the interest in my estate which they would have inherited had they survived me shall be distributed to thier children in equal shares absolutely but if any of my said daughters shall predecease me withoutany issues then the interest in my estate which they would have inherited had they survived me shall be distributed to my surviving daughter absolutely 

Only 1 daughter had 2 child the other has none 
Im unsure of the wording 
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Comments

  • SiliconChip
    SiliconChip Posts: 1,886 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    You need to go back to your solicitor as what you want is not what that clause says, if your daughter with children predeceases you then her share would go to her children rather than to your other daughter. The solicitor probably misunderstood your instruction (to be fair what has been written is probably what most people would want).
  • Keep_pedalling
    Keep_pedalling Posts: 21,475 Forumite
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    It’s very straight forward. If your childless daughter dies before you, her share will go to her sister. If your daughter with children dies before you do, her share goes to her children.

    it is worded the way it is in case your childless daughter later has a child or adopts one, or your grand children pre decease you.
  • RAS
    RAS Posts: 36,084 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What will happen is

    You die and both your daughters survive you: your daughters both get 50%
    You die and the daughter who has children dies before you: your surviving daughter gets 50% and each of the grandchildren get 25%
    You die and your childless daughter pre-deceases you: your daughter with children 100%

    So it looks like you want the clause about transferring the inheritance to children removing, and the bit about "without issue."
    If you've have not made a mistake, you've made nothing
  • Linton
    Linton Posts: 18,344 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Hung up my suit!
    edited 14 August 2022 at 10:13AM
    What do you want to happen if  both daughters die before you? The solicitor's wording covers this whereas your statement does not.

    A major reason for choosing a solicitor to draft a will is to ensure that all possible what-if's are covered.
  • Ok so this covers if both of my daughters die before me then Mt estate  goes to my grandchildren BUT if one us still remaining the whole estate goes to the remaining daughter is this correct 
  • shiraz99
    shiraz99 Posts: 1,841 Forumite
    1,000 Posts Third Anniversary Name Dropper
    I have made a will but unsure if the wording is correct I want my daughters to have 50/50 on the whole of my estate but my solicitors has but this in can anyone please explain what it means ifone shall die before me I want the other to get yhe whole estate 
    If any of my said daughters shall predeceaseme tgen the interest in my estate which they would have inherited had they survived me shall be distributed to thier children in equal shares absolutely but if any of my said daughters shall predecease me withoutany issues then the interest in my estate which they would have inherited had they survived me shall be distributed to my surviving daughter absolutely 

    Only 1 daughter had 2 child the other has none 
    Im unsure of the wording 
    So to be clear, you don't want your grandchildren getting half of the estate if that daughter predeceases you?

    Currently, this is what will happen according to that wording.
  • I don't feel that it is fair on the daughter with no children 
  • Keep_pedalling
    Keep_pedalling Posts: 21,475 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    I don't feel that it is fair on the daughter with no children 
    Do you think it fair that if you GC loose their mother then they also loose their inheritance to their aunt? If so why did you not tell the solicitor that is what you want?Jackie8761 said:
    Ok so this covers if both of my daughters die before me then Mt estate  goes to my grandchildren BUT if one us still remaining the whole estate goes to the remaining daughter is this correct 
    No, not under the current wording, if the childless daughter dies her bequest passes to her sister, if the daughter with children dies first then her share goes to her children. This is the normal way people do things otherwise you risk disinheriting your grand children who are likely to have more need of it than a childless aunt.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have made a will but unsure if the wording is correct
    I want my daughters to have 50/50 on the whole of my estate but my solicitors has but this in can anyone please explain what it means
    if one shall die before me I want the other to get the whole estate
    Only 1 daughter had 2 child the other has none
    Another alternative distribution would be if one daughter dies before you with leaving any children, her share goes directly to your grandchildren.
  • @Keep_pedalling please don't moralise.

    @Jackie8761 can do as they wish and needs to get the will corrected if they do not change their mind.

    PS. @Keep_pedalling, there is only one in lose.


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