Moral issue

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/81910857#Comment_81910857

The OP has clarified that the will wording excludes the deceased son.

Did you not see the post, or are you interpreting the survivorship requirement in some other way?

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81910857#Comment_81910857

mportantly however, section 33 can be expressly excluded from applying by an express clause in the Will and also can be disapplied if there is a ‘contrary intention’ within a Will.

https://www.clarionsolicitors.com/articles/when-a-beneficiary-to-a-will-dies-first-understanding-the-legal-consequences

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81910878#Comment_81910878

Yes, I didn't see that post while I was writing...agree with everyone else here!

bazamoza

yes the money left for my brother who has passed goes to his sons I understand that my question was is there a way they as an executor of the will some of the said money can be given to his partner who is struggling after his death . They were together for 7 years did not get married and had a son who is 1 yr old my understanding is that all the inheritance is to be put in a trust fund until the child reaches 18 , it’s a decent amount but does not help his partner who cared for him until his death

Keep_pedalling

The surviving beneficiaries can of cause make a deed of variation passing their deceased brother’s children, or his partner to overcome what is a horribly unfair will.

RAS

https://forums.moneysavingexpert.com/discussion/comment/81911122#Comment_81911122

The money left to the deceased son goes to his brothers. His children get nothing. That's what the will says and the executor has to do what they are told.

The brothers may give part of their money to the their nephews if they want, but that's not the executor's decision. If any of them receive means-tested benefits, doing it would cause them huge problems.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/81911122#Comment_81911122

You seem to be very insistent that your father's will made specific provision for grandchildren in the event one of his sons predeceased him.

However, in your post on 5 March at 2.15pm you quoted a small excerpt from the Will, but with absolutely no context as to the actual subject matter to which it refers. We all took this as referring to your father's sons. To clarify , and to prevent us continuing to go around in circles and at cross purposes, please recite ( with any names redacted), the complete wording of the clause from which that excerpt was taken.