Claim on inheritance by spouse of deceased sibling.

Paulelrocks

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. 

I'm in similar situation with needing advice. 
My sister passed recently but my mum says she doesn't need to adjust her will as my mums estate will only pass to her remaining children .
My concern is that my sisters portion will pass to her Husband who we don't have anything to do with .
We are UK 🇬🇧. 
Any advice welcome. 

Pollycat

Paulelrocks said:

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. 

I'm in similar situation with needing advice. 
My sister passed recently but my mum says she doesn't need to adjust her will as my mums estate will only pass to her remaining children .
My concern is that my sisters portion will pass to her Husband who we don't have anything to do with .
We are UK 🇬🇧. 
Any advice welcome. 

It depends on the wording of your Mum's will.

It's not really your concern though, it is your Mum's assets to dispose of as she thinks is appropriate.
Maybe that's why she doesn't seem concerned and says she doesn't need to adjust her will - she knows the will wording will not include your sister's partner...
Or maybe she should be concerned if the will doesn't specify that...

Keep_pedalling

Paulelrocks said:

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. 

I'm in similar situation with needing advice. 
My sister passed recently but my mum says she doesn't need to adjust her will as my mums estate will only pass to her remaining children .
My concern is that my sisters portion will pass to her Husband who we don't have anything to do with .
We are UK 🇬🇧. 
Any advice welcome. 

If the will does not state otherwise your mother is correct, your sister’s share will pass to her children not her husband.

Are the children adults?