Understanding will

Waterlilly1

A solicitor 

Keep_pedalling

This does not make a lot of sense. If the will was only made a few days before he died why was there a clause about his wife not surviving him? 

Clause 6 regards the trust is also very odd, the will appears to set up a discretionary trust covering various beneficiaries yet clause 6 says that the only beneficiaries are your sister and father who have 50% each absolutely.

Subject to that, the Trust Fund shall be held on trust for XXXXXXX (Father) and XXXXXXX (Sister) in equal shares absolutely.

It would have been a lot simpler if he had died intestate.

Keep_pedalling

Waterlilly1 said:

Keep_pedalling said:

This does not make a lot of sense. If the will was only made a few days before he died why was there a clause about his wife not surviving him? 

Clause 6 regards the trust is also very odd, the will appears to set up a discretionary trust covering various beneficiaries yet clause 6 says that the only beneficiaries are your sister and father who have 50% each absolutely.

Subject to that, the Trust Fund shall be held on trust for XXXXXXX (Father) and XXXXXXX (Sister) in equal shares absolutely.

It would have been a lot simpler if he had died intestate.

Thanks 

So what does the clause mean? I read it as they inherit everything, yet I am a beneficiary named further above. 

I also have no idea where my sister got the 5k to me from. 

For clarity, the sum of the total money is around 900k 
 

No idea what that clause means, you need to take professional advice.

The £5k is probably just go away money. 

poppystar

Do you have a copy of the partner’s Will? Was it changed to much the same as this one? Have you or can you speak to partner’s grandchildren - who presumably must also be upset by the late change to that Will. 

Do you speak to your father and, if so, can you clarify where the £5k is coming from? 

Keep_pedalling

Waterlilly1 said:

Yeah I have a copy of the partners will, it had it spelled out that 6 grandchildren were to receive equal shares. 

No, not spoken to my Father for 40 years. He abandoned us as children. I've had very little to do with that side of the family since, neither has my sister really until now. 

I smelt something off, and was ashamed that I was getting dragged into this so did a bit of digging as what I was being told didn't make much sense. Like I said, when I was informed I was receiving 5k I was taken aback as I didn't expect or want a penny, but what completely threw me was the share handed to my sister and father when it should have been going to grandchildren. So when probate was granted I got a hold of the wills and what I posted is what it says. 

Lots of people don’t realise that a will becomes a public document once probate has been granted so they may have thought (or hoped) you would twig that. I would certainly be consulting a solicitor,. Even if you don’t want the money there are the grandchildren to consider. 

Dave_5150

Waterlilly1 said:

I took some legal advice and it is a Discretionary Trust of which I am a potential beneficiary. Exactly how the trust is distributed is at the discretion of the trustees. 

It looks like my sister has been lying when she said that I was down to inherit 5k. 

Or the trustees have decided that you will inherit £5k?

Waterlilly1

Dave_5150 said:

Waterlilly1 said:

I took some legal advice and it is a Discretionary Trust of which I am a potential beneficiary. Exactly how the trust is distributed is at the discretion of the trustees. 

It looks like my sister has been lying when she said that I was down to inherit 5k. 

Or the trustees have decided that you will inherit £5k?

Yeah, should have been more clear. 

Before I had a copy of the will, she read out the will to me, saying that it said I  would get 5k 

Keep_pedalling

If the trustees are going to help themselves to £900k and feed some crumbs to the other beneficiaries they need to be removed. You need a serious conversation with your sister, they can’t just wind up the trust and distribute the bulk of it to themselves. 

Waterlilly1

Keep_pedalling said:

If the trustees are going to help themselves to £900k and feed some crumbs to the other beneficiaries they need to be removed. You need a serious conversation with your sister, they can’t just wind up the trust and distribute the bulk of it to themselves. 

That's exactly what they are intending to do by the looks of it. 

CelCo

Your sister may not be lying.  Usually with Discretionary Trusts, the testator writes a separate letter of wishes to the trustees.  This maybe what was said in the letter of wishes, perhaps? The letter of wishes is not published like the Will, so I doubt that you would have seen it and I'm not sure they are at liberty to show you.  The trustees have full control.  They do not even have to honour the wishes of the testator if they do not want, as it is discretionary.  So even if you are down on the list of beneficiaries of a discretionary trust, it doesn't mean that you are entitled to anything. Morally, they should carry out the wishes but legally they could just keep it all for themselves, especially because of Clause 6.