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Understanding wording in a will
Jackie8761
Posts: 8 Forumite
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
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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).
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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.0 -
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 nothing0 -
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.1 -
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 correct0
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So to be clear, you don't want your grandchildren getting half of the estate if that daughter predeceases you?Jackie8761 said: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 estateIf 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 absolutelyOnly 1 daughter had 2 child the other has noneIm unsure of the wording
Currently, this is what will happen according to that wording.0 -
I don't feel that it is fair on the daughter with no children0
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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:Jackie8761 said:I don't feel that it is fair on the daughter with no children
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.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 correct0 -
Another alternative distribution would be if one daughter dies before you with leaving any children, her share goes directly to your grandchildren.Jackie8761 said:I have made a will but unsure if the wording is correctI 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 meansif one shall die before me I want the other to get the whole estateOnly 1 daughter had 2 child the other has none
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@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 O in lose.
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