Moral issue

bazamoza

Hi I am an executor of a will that left all monies to four adult sons

Unfortunately one son died just before the father .

He has three sons Two with his first wife one is 19 one is 11

He was divorced and met a new partner who had a daughter aged 11

They lived as a couple but did not marry and had a son who is aged 1 now

It is my understanding that his share of the will now goes to his natural children

My moral issue is that the share for his last born will go in a trust until he reaches 18 ,The problem is he his partner and kids were living week to week and I am sure he would have wanted some of his inheritance to help his partner in these sad times .

As his brother and also an executor I assume legally nothing can be done I just wondered if anyone else had been in a similar situation thank you

MyRealNameToo

Because he died before the testator but was a child of theirs then their benefit isnt lapsed but passed to their kids (natural and adopted, not step kids or others).

With agreement of the trustees money received by the kids can be used before their 18th birthday as long as its used to the benefit of the kids so buying food to feed the kid, buy clothes, pay for schooling etc is likely ok, buying Mum a new handbag wouldnt be.

Grumpy_chap

The Executors have to follow the Will as written and do not have the capacity to do otherwise.

GrumpyDil

What exactly does the will say in the event of a child predeceasing the father?

Catonthemoon

4 “adult” sons; 3 now that one’s deceased. Unless I’m missing something, there’s only one adult… the other 2 are children (11&1). 🤷‍♂️

Anyway, see Grumpy_ chap’s post.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81910658#Comment_81910658

I read it as 4 adult sons (now 3), and the adult son that passed away had 3 sons himself (1 adult, two children). So 1/4 of the estate, assuming equal split, is now being split between the three children.

Anyway, what grumpy_chap said and leave it to the trustees.

bazamoza

the will said as shall be living at the date of my death and if more than one in equal shares absolutely

RAS

So how many sons were "living at the date of my death?"

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81910700#Comment_81910700

it sounds like the deceased son’s children don’t inherit anything unless there is another clause dealing specifically with this situation.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/81910765#Comment_81910765

Agree, all discussion relating to the deceased son's potential share is irrelevant.

The survivorship criteria clause (surprisingly) rules his children out of all consideration.

Only hope for them is if the surviving brothers voluntarily choose to give up part of their 1/ 3rd shares in favour of the nephews.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81910765#Comment_81910765

No, the Wills Act (18 something) specifies that unless specifically stated otherwise any gifts to children who die before the parent should pass to the child’s own surviving children (grandchildren).