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Do I need to change my will?

viv0147
viv0147 Posts: 1,713 Forumite
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edited 8 June at 7:44PM in Deaths, funerals & probate
I made my will out a few years ago, leaving everything to my son and daughter 50-50. Since then, my daughter has passed away. So do I need to alter my will or would my daughters half automatically go to my grandchildren if I need to alter my will, will it cost very much? Thanks  
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Comments

  • Marcon
    Marcon Posts: 14,078 Forumite
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    viv0147 said:
    I made my will out a few years ago, leaving everything to my son and daughter 50-50. Since then, my daughter has passed away. So do I need to alter my will or would my daughters half automatically go to my grandchildren if I need to alter my will, will it cost very much? Thanks  
    It would make good sense to do so, particularly if she is named as one of your executors. It would also make sense to review your will in case you would like any alterations.

    I've asked for this to be moved to a more suitable board: https://forums.moneysavingexpert.com/categories/deaths-funerals-probate


    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • p00hsticks
    p00hsticks Posts: 14,367 Forumite
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    It will depend on the wording of the will, but assuming that by 'grandchildren' you mean your deceased daughters children, then I think the most common wording would see her share pass down to them. 

    But as the poster above says, definitely worth checking and perhaps re-doing it to ensure that it now reflects your wishes. 
  • Keep_pedalling
    Keep_pedalling Posts: 20,444 Forumite
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    Unless there is a clause that says otherwise, her share would be inherited by her children.

    This thread would be better off on the deaths funerals and probate board so I have asked for it to be moved. 
  • viv0147
    viv0147 Posts: 1,713 Forumite
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    Thank you for your advice. I am going to make a new will. I will use the free will service in October and donate to the British Heart Foundation
    Low Carb High Fat is the way forward I lost 80 lbs

    Since first using Martins I have saved thousands
  • madbadrob
    madbadrob Posts: 1,489 Forumite
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    edited 10 June at 11:11AM
    Unless there is a clause that says otherwise, her share would be inherited by her children.

    This thread would be better off on the deaths funerals and probate board so I have asked for it to be moved. 
    Unless there is a clause in the will saying upon any death of my childrten I wish their share to be shared between any of their issue (could be children) in equal shares.  As the person died before the testator this would not happen automatically and be returned to the pot so to speak.  

    Now if the testator died before the legatee and the will not proved for many years then yes the gift would fall to the grandchildren as in reality the legacy would now form a part of the legatee's estate.

    So the easy way to remember this is if a person being gifted dies before the person leaving the gift the gift fails and returns to the pot.

    Rob
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