Inheritance - Advice Please

iwantoneplease

My partner has just found our his grandfather left some money to his children in his will, unfortunately my partners father died some years back now and his brothers sisters and all shared the inheritance between themselves.

Is this correct or I am right in thinking his father's share should have been passed down to his children.

I've had a look around but can't make any sense of this on the Internet so anyone with a slight knowledge we would be grateful to put this matter to rest.

It's not a massive amount but my partners auny says she will give some of her money back if this is true.

Regards

tanith

In my experience thats correct.. in my Mothers will money was left to her children equally and my deceased sisters share was in turn shared between her sons... that is what should happen... was there an executor of the will? they should of made sure things were done legally..

I am sure someone will come along with more knowledge about this...

iwantoneplease

Is it too late for this to be put right? and what are the steps he needs to take to correct this?

Sorry for the questions but my partners brother died just before christmas and left 4 young children so they could really do with the money that there father in turn would have been left.

Sorry for all the questions.

pinksleepybear

I think it depends on the way the will is phrased. I know my parents' wills say specifically that if either my brother or I die, his/my 50% share will go to his/my decendents.

I think you need to see the will and take it to a solicitor for advice.

pinkshoes

Can you get a copy of the will and find out what it says and the exact wording?

If one of the people to inherit has died, then usually the executor or the will should find out if that person has their own children, which means his/her share of the inheritance is passed down. If they are childless, THEN the money would be split between the others.

Do you know who the executor of the will was?

localhero

Hi Iwantoneplease,

Where a child dies before their parent, then s33 of the Wills Act 1833 says that the children of the predeceased take by substitution (in equal shares) what their parent would have inherited.

This is even if the Will doesn't say so. Only if the Will states that that isn't the case will the grandchildren not receive in lieu of their parent.

For the sake of clarity, the Will really ought to say either way, but it often doesn't. The executors (unless they are professionals - who should know better), sometimes don't realise that's the case.

If you can, have a look at the Will, but otherwise speak to the executors.

ameliarate

localhero wrote: »

Hi Iwantoneplease,

Where a child dies before their parent, then s33 of the Wills Act 1833 says that the children of the predeceased take by substitution (in equal shares) what their parent would have inherited.

This is even if the Will doesn't say so. Only if the Will states that that isn't the case will the grandchildren not receive in lieu of their parent.

For the sake of clarity, the Will really ought to say either way, but it often doesn't. The executors (unless they are professionals - who should know better), sometimes don't realise that's the case.

If you can, have a look at the Will, but otherwise speak to the executors.

Could you please say that first paragraph again in simple terms? If I am reading it correctly then a you are saying if, for example, I die before my father, my share of his estate automatically passes to my daughter? I thought that would only happen if it was specified in the will and otherwise my share would be shared between my siblings.

Lorne

It depends completely on the wording in the wills, they haven't necessarily done anything wrong. The will may say that it is to be split equally between his brothers and sisters and in the event that one of them is no longer here the money is still split between the siblings. It would need to say in the will that the funds would go to the brother's estate and therefore the money would be bequested depending on his father's will. I know that my will keeps the money at the levels of brothers and sisters rather than children or partners.

iwantoneplease

localhero wrote: »

Hi Iwantoneplease,

Where a child dies before their parent, then s33 of the Wills Act 1833 says that the children of the predeceased take by substitution (in equal shares) what their parent would have inherited.

This is even if the Will doesn't say so. Only if the Will states that that isn't the case will the grandchildren not receive in lieu of their parent.

For the sake of clarity, the Will really ought to say either way, but it often doesn't. The executors (unless they are professionals - who should know better), sometimes don't realise that's the case.

If you can, have a look at the Will, but otherwise speak to the executors.

I think the executors was on of my partners uncles his dad's brother, all the siblings are and was well aware of his children.

If the money has already been handed out is it worth trying to do anything about it. or can nothing be done at this stage.

Thanks

Lorne

If the money has been handed out in line with the will then there is nothing that can be done, the executor has acted on the wishes in the will. If not then the will can be contested but this is a very long and drawn out process. It would definitely be worth checking the wording on the will to see if it is worth pursuing, if it is worded that the money is split between siblings then the executor has followed the will and nothing can be done.

maypole

If you don't have access to the will, you can get a copy of it I think for £5 from the probate office. It is available though, as it is a public document if I remember correctly.