Wills

purplepunto

My stepmum died recently and in her will, left everything to my dad as well as money to grandchildren. There was no money in her accounts, so no money for beneficiaries. Dad moved home and now wants to write a new will. Does he still have to honour stepmums will by giving the grandchildren money each when he dies?

elsien

Your post is a little confusing because she can’t have left everything to your dad and also 10 K to the grandchildren. Do you mean she left the house and contents to your dad and there were no other assets?

I think you need to be clearer in the wording about what was left to your father and how. 

However anything that was left to your father absolutely before any residual payments were made is his to do what he wants with. 

GrumpyDil

As above the wording of the will and what was actually left to your dad is needed to make it clearer.

Keep_pedalling

Depending on the wording of the will and how they owned the property (joint tenants or tenants in common) then either the bequest failed or the grand children are still owed their bequest. 

For example if the will stated that the GC should inherit £10k and the rest to go to her husband and they held their property as tenants in common, then the GC should receive their inheritance from the sale of the property. If it said the same but the property was held as joint tenants then the bequest would fail. 

To answer the question we need to know the wording of the will (personal details redacted) and how the home was owned.

Who were the executors?

Keep_pedalling

I have asked for this thread to be moved to the Deaths, funerals and probate board, as has nothing to do with saving tax.

silvercar

purplepunto said:

purplepunto said:

Keep_pedalling said:

Depending on the wording of the will and how they owned the property (joint tenants or tenants in common) then either the bequest failed or the grand children are still owed their bequest. 

For example if the will stated that the GC should inherit £10k and the rest to go to her husband and they held their property as tenants in common, then the GC should receive their inheritance from the sale of the property. If it said the same but the property was held as joint tenants then the bequest would fail. 

To answer the question we need to know the wording of the will (personal details redacted) and how the home was owned.

Who were the executors?

Myself and my half sister are executors of the will. It states, apart from some personal belongings that are going to sister, I give the rest of my estate to him for his own use and benefit absolutely. It then says I give the following legacies to my grandchildren and then states how much each grandchild gets.

Forgot to say the house was owned jointly by dad and stepmum

I’ll move this to the death and funeral board.

Spendless

purplepunto said:

purplepunto said:

Keep_pedalling said:

Depending on the wording of the will and how they owned the property (joint tenants or tenants in common) then either the bequest failed or the grand children are still owed their bequest. 

For example if the will stated that the GC should inherit £10k and the rest to go to her husband and they held their property as tenants in common, then the GC should receive their inheritance from the sale of the property. If it said the same but the property was held as joint tenants then the bequest would fail. 

To answer the question we need to know the wording of the will (personal details redacted) and how the home was owned.

Who were the executors?

Myself and my half sister are executors of the will. It states, apart from some personal belongings that are going to sister, I give the rest of my estate to him for his own use and benefit absolutely. It then says I give the following legacies to my grandchildren and then states how much each grandchild gets.

Forgot to say the house was owned jointly by dad and stepmum

I think you still need to say how the house was owned. Was it as joint tenants or as tenants in common? 

Keep_pedalling

purplepunto said:

Keep_pedalling said:

Depending on the wording of the will and how they owned the property (joint tenants or tenants in common) then either the bequest failed or the grand children are still owed their bequest. 

For example if the will stated that the GC should inherit £10k and the rest to go to her husband and they held their property as tenants in common, then the GC should receive their inheritance from the sale of the property. If it said the same but the property was held as joint tenants then the bequest would fail. 

To answer the question we need to know the wording of the will (personal details redacted) and how the home was owned.

Who were the executors?

Myself and my half sister are executors of the will. It states, apart from some personal belongings that are going to sister, I give the rest of my estate to him for his own use and benefit absolutely. It then says I give the following legacies to my grandchildren and then states how much each grandchild gets.

So he is the residual beneficiary, and he gets his inheritance after the GC get theirs. The big question is how exactly was the house owned. If held as tenants in common then the grand children’s legacy needs to be paid from the proceeds of the house sale, but if it was as joint tenants then the house passes to him by survivorship and her estate is insolvent and the grand children’s bequests fail.

If the latter is the case then he is free to leave his estate to whoever he wishes. Sound like a case where his wife should have left him a life interest rather than an absolute gift which would have protected the inheritance of the people she wanted to inherit. 

Savvy_Sue

Keep_pedalling said:

purplepunto said:

Keep_pedalling said:

Depending on the wording of the will and how they owned the property (joint tenants or tenants in common) then either the bequest failed or the grand children are still owed their bequest. 

For example if the will stated that the GC should inherit £10k and the rest to go to her husband and they held their property as tenants in common, then the GC should receive their inheritance from the sale of the property. If it said the same but the property was held as joint tenants then the bequest would fail. 

To answer the question we need to know the wording of the will (personal details redacted) and how the home was owned.

Who were the executors?

Myself and my half sister are executors of the will. It states, apart from some personal belongings that are going to sister, I give the rest of my estate to him for his own use and benefit absolutely. It then says I give the following legacies to my grandchildren and then states how much each grandchild gets.

So he is the residual beneficiary, and he gets his inheritance after the GC get theirs. The big question is how exactly was the house owned. If held as tenants in common then the grand children’s legacy needs to be paid from the proceeds of the house sale, but if it was as joint tenants then the house passes to him by survivorship and her estate is insolvent and the grand children’s bequests fail.

If the latter is the case then he is free to leave his estate to whoever he wishes. Sound like a case where his wife should have left him a life interest rather than an absolute gift which would have protected the inheritance of the people she wanted to inherit. 

I don't read it that way round: the legacies seem to go a) things to my DD b) rest of my estate to my DH and only then c) legacies to GC - it seems poorly worded, but maybe that's standard? I'd have expected a), c) and then b). 

Is it a will drawn up by a solicitor? and if not, who by? 

Back to the original question: there is nothing to stop him making those gifts either now (if he has the cash) or in his will. 

Keep_pedalling

Savvy_Sue said:

Keep_pedalling said:

purplepunto said:

Keep_pedalling said:

Depending on the wording of the will and how they owned the property (joint tenants or tenants in common) then either the bequest failed or the grand children are still owed their bequest. 

For example if the will stated that the GC should inherit £10k and the rest to go to her husband and they held their property as tenants in common, then the GC should receive their inheritance from the sale of the property. If it said the same but the property was held as joint tenants then the bequest would fail. 

To answer the question we need to know the wording of the will (personal details redacted) and how the home was owned.

Who were the executors?

Myself and my half sister are executors of the will. It states, apart from some personal belongings that are going to sister, I give the rest of my estate to him for his own use and benefit absolutely. It then says I give the following legacies to my grandchildren and then states how much each grandchild gets.

So he is the residual beneficiary, and he gets his inheritance after the GC get theirs. The big question is how exactly was the house owned. If held as tenants in common then the grand children’s legacy needs to be paid from the proceeds of the house sale, but if it was as joint tenants then the house passes to him by survivorship and her estate is insolvent and the grand children’s bequests fail.

If the latter is the case then he is free to leave his estate to whoever he wishes. Sound like a case where his wife should have left him a life interest rather than an absolute gift which would have protected the inheritance of the people she wanted to inherit. 

I don't read it that way round: the legacies seem to go a) things to my DD b) rest of my estate to my DH and only then c) legacies to GC - it seems poorly worded, but maybe that's standard? I'd have expected a), c) and then b). 

Is it a will drawn up by a solicitor? and if not, who by? 

Back to the original question: there is nothing to stop him making those gifts either now (if he has the cash) or in his will. 

Yes, it does sound back to front but I don’t think the order makes much difference, but as her only assets seems to be a property owned as joint tenants then the will is totally useless as at the time of her death she had nothing to leave anyone.

Spendless

So other than personal affects that are going to daughter and the house passes to OP's Dad because held as joint tenants, the Grandchildren dont receive as there wasnt any money.

I do 'marvel' at times at what people put in wills, why put £10k for Grandchildren (so assuming at least £20k) if you dont have it or are you expecting to have it by the time you die, or did you have it at one point then it was spent but the will never updated? Then I think back to a previous will of my parents where I am left a house they never owned (yup seriously). They made their wills at a time of high emotional stress and werent thinking! Thankfully a discussion about it had them redoing it! 

Your Dad is under no legal obligation to leave Grandkids money in his own will.

Did step mum tell Grandkids she was leaving them this money? If so are they of an age where they understood and maybe had plans for it? If so itd be a nice gesture from your Dad to give/leave Grandkids money but he doesnt have to.