Contest Will on Legal Aid?

localhero

Gillianh2,

The OP can't do that because as she's stated on post #3, one of the beneficiaries is a minor who cannot agree to a variation.

margaretclare

localhero wrote: »

Gillianh2,

The OP can't do that because as she's stated on post #3, one of the beneficiaries is a minor who cannot agree to a variation.

But another poster says this:

As far as your deceased brother is concerned - his son will only inherit his share if the will specifically states this, otherwise the dead brother's inheritance is either shared between the remaining children, or goes back into the pot and presumably goes to your mother, depending on the wording of the will.

If this is true then the child of one of the deceased beneficiaries is NOT a beneficiary and therefore has no say in the matter.

When we named the 5 beneficiaries in our mirror wills I'm afraid we did not give any thought to whether any of the 5 might die leaving issue. I think it is far too complicated, to have to make these specific provisions for future generations of people!

It's certainly worth naming all the beneficiaries though, rather than just writing 'said children'.

localhero

Hi Margaretclare,

Where you leave a gift to a son or daughter in your Will (or they are due to inherit under the intestacy laws) and they die before you, then s33 of the Wills Act 1837 says that their children will take automatically by substitution.

Even if your Will is silent on the matter - ie to my children in equal shares etc.

If the will explicitly states that s33 shall not apply, then it won't. To avoid any avoidance of doubt your Will should state very clearly either way what your intentions are, should god forbid, one of your children die before you.

I would advise you or anybody else in the same position to instruct a competent professional who will make that point clear otherwise there is the potential for a dispute.

What the OP has been advised about the minor inheriting and not being able to vary the Will would seem to be correct and your unnamed source is incorrect. I hope that clarifies your question.

Mojisola

margaretclare wrote: »

I think it is far too complicated, to have to make these specific provisions for future generations of people!

I don't think it's too complicated - my parents have a clause in their will that passes any money onto their grandchildren if any of their children predeceases them. As the grandchildren have now started reproducing, they have just added a codicil that allows for that share to go on to the great-grandchildren should the unthinkable happen!

They felt it would be unfair on their young descendants, who would have already lost a parent, to find themselves cut out of the will.

margaretclare

If the will explicitly states that s33 shall not apply, then it won't. To avoid any avoidance of doubt your Will should state very clearly either way what your intentions are, should - God forbid - one of your children die before you.

In fact one of my children has already died before me, which is why DH and I wrote our wills in favour of 5 grandchildren.

Thanks for this clarification - some of the said grandchildren have reached childbearing age (even though the eldest one is gay!) but I really do not want this going on into the great-grandchildren generation. I'll contact our solicitor who wrote our wills, see what he has to say about this.

localhero

Your solicitor should inform you that s33 will also apply to your grandchildren in the same way.

You should therefore expressly state whether their children (if any) will take by substitution if any of them die before you.

S33 only applies to children or grandchildren and not to any other relative.