Claim on inheritance by spouse of deceased sibling.

Whistler67

All our existing family live on Scotland.  Sadly my brother passed away in England without any children from his marriage. My Father's will clearly states that in the event of his death all the estate will be shared equally amongst his 3 children. My mother passed a number of years ago. Does the spouse of my deceased brother have a claim to a third of the estate or does it get shared equally between myself and my sister.  Is it also worthwhile getting the will redone clearly naming the remaing two beneficiaries to prevent any issues down the line.
Any advice is appreciated 👏 

user1977

No, your brother's share would have passed to any children, but spouses don't have any entitlement.

cannugec5

I would not contradict what user1977 says, but I would say check it out! 

I was astounded last year ( dealing with the passing of a friend whose offspring spanned  the borders) by the differences between U.K. and Scottish law when it comes to inheritance. 

It has made my husband and I rethink our wills and we now have an appointment with a local solicitor to ensure there are no problems. 

sheramber

Whistler67 said:

All our existing family live on Scotland.  Sadly my brother passed away in England without any children from his marriage. My Father's will clearly states that in the event of his death all the estate will be shared equally amongst his 3 children. My mother passed a number of years ago. Does the spouse of my deceased brother have a claim to a third of the estate or does it get shared equally between myself and my sister.  Is it also worthwhile getting the will redone clearly naming the remaing two beneficiaries to prevent any issues down the line.
Any advice is appreciated 👏 

I am  in Scotland

When we made our wills our solicitor named the children. That way there is no question of who is intended to inherit.

It would be better for your father to 
make a new will setting out clearly what his wishes are. 

Hoenir

sheramber said:

Whistler67 said:

All our existing family live on Scotland.  Sadly my brother passed away in England without any children from his marriage. My Father's will clearly states that in the event of his death all the estate will be shared equally amongst his 3 children. My mother passed a number of years ago. Does the spouse of my deceased brother have a claim to a third of the estate or does it get shared equally between myself and my sister.  Is it also worthwhile getting the will redone clearly naming the remaing two beneficiaries to prevent any issues down the line.
Any advice is appreciated 👏 

I am  in Scotland

When we made our wills our solicitor named the children. That way there is no question of who is intended to inherit.

It would be better for your father to 
make a new will setting out clearly what his wishes are. 

The existing will is likely to be worded in such a way to cover various eventualties. 

buddy9

Entitlement as described by user1977. No real advantage in getting the will redone.

Edit; you posted in 2023 that your father is deceased. What will is being referred to?

user1977

cannugec5 said:

the differences between U.K. and Scottish law

Scotland is still in the UK....I think you mean "English".

Spendless

A timeline might help. Are you saying your brother was still alive at the time of your Father's death but died afterwards and before his estate was shared out according to his will that all 3 children received everything equally. If you are then AFAIK unless Scottish law is different then your brother's spouse receives the share that would have come to him, unless your brother made a will leaving his estate to someone else and then the 'someone else' would have the share.

I am completely confused about you saying 'should you change the will' about someone who has already died?? 

km1500

the way I read it is that the father is alive and has a will leaving everything equally spit between the three children

now one of the children has died there are two left - should the father redo his will to leave his estate equally between the remaining two children or does the existing will in fact do this anyway

in England certainly the fact that one of the beneficiaries has died means that that bequest is nullified (unless the will specifies an alternate) so the father's estate would be left equally between the two remaining children under the existing will

however as been said I would double check what the position is in Scotland

Pollycat

km1500 said:

the way I read it is that the father is alive and has a will leaving everything equally spit between the three children

now one of the children has died there are two left - should the father redo his will to leave his estate equally between the remaining two children or does the existing will in fact do this anyway

in England certainly the fact that one of the beneficiaries has died means that that bequest is nullified (unless the will specifies an alternate) so the father's estate would be left equally between the two remaining children under the existing will

however as been said I would double check what the position is in Scotland

From another thread:

Whistler67 said:

Currently want to offload 450 LLOYDS certificated shares and are regsistered on Shareview / EQUINITI  who want to charge £45 to sell.   It has alaready cost £85 + £9 in related postages to transfer from my deceased father.  Any suggestions to sell for less charges would be welcome.  Theses are the certificated shares. 

Cheapest place to sell LLOYDS 10p Ord shares (LLOY) — MoneySavingExpert Forum

Definitely needs clarification.

Grumpelstiltskin

Surely, and correct me if I am wrong it doesn't matter where the beneficiary lives or lived it is where the person who died lived, ie. Is or was their will under English or Scottish law?