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  • FIRST POST
    • jemz0001
    • By jemz0001 14th May 18, 10:17 PM
    • 85Posts
    • 166Thanks
    jemz0001
    Will reading
    • #1
    • 14th May 18, 10:17 PM
    Will reading 14th May 18 at 10:17 PM
    Can anyone tell me what happens in the following situation

    This is my grandmother's will...

    Grandmother died October 2016
    Grandfather (referred to as husband) died 2006

    Daughter A alive
    Daughter B died February 2015

    What happens to grandmother's estate
    Does it get split between daughter a and then daughter b get passed as per her will?
    Mortgage - 05/03/10
    £ 110,743.90 Aim to reduce mortgage to 105k by end of 2010

    Car loan - 05/03/10
    £5093.15 Aim to pay off car loan by end of 2010
Page 1
    • chesky
    • By chesky 14th May 18, 10:22 PM
    • 1,028 Posts
    • 1,722 Thanks
    chesky
    • #2
    • 14th May 18, 10:22 PM
    • #2
    • 14th May 18, 10:22 PM
    What does the will actually say? Usually it says something to the effect that if someone predeceases, then the money left to them either goes to their children or back into the main estate for distribution. It's one of the questions that most solicitors ask when you discuss your will with them. Did your grandmother have a solicitor?
    • jemz0001
    • By jemz0001 14th May 18, 10:23 PM
    • 85 Posts
    • 166 Thanks
    jemz0001
    • #3
    • 14th May 18, 10:23 PM
    • #3
    • 14th May 18, 10:23 PM
    Will says to be equally divided between my 2 daughters on a share and share alike basis as if remnants in common
    Mortgage - 05/03/10
    £ 110,743.90 Aim to reduce mortgage to 105k by end of 2010

    Car loan - 05/03/10
    £5093.15 Aim to pay off car loan by end of 2010
    • Brynsam
    • By Brynsam 15th May 18, 12:06 AM
    • 1,607 Posts
    • 1,163 Thanks
    Brynsam
    • #4
    • 15th May 18, 12:06 AM
    • #4
    • 15th May 18, 12:06 AM
    Did daughter B have any children who were alive when your grandmother died? If so, they inherit their mother's share unless the will specifies otherwise.
    • Tom99
    • By Tom99 15th May 18, 12:12 AM
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    Tom99
    • #5
    • 15th May 18, 12:12 AM
    • #5
    • 15th May 18, 12:12 AM
    Whatever daughter B's will said will not come into it.
    • Robin9
    • By Robin9 15th May 18, 7:11 AM
    • 3,088 Posts
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    Robin9
    • #6
    • 15th May 18, 7:11 AM
    • #6
    • 15th May 18, 7:11 AM
    Are you related to Daughter A or Daughter B?

    My interpretation of #3 is that nothing will pass to the children of Daughter B- only Daughter A will inherit.
    Never pay on an estimated bill
    • jemz0001
    • By jemz0001 15th May 18, 8:47 AM
    • 85 Posts
    • 166 Thanks
    jemz0001
    • #7
    • 15th May 18, 8:47 AM
    • #7
    • 15th May 18, 8:47 AM
    Yes I am daughter b's child.

    So I am trying to establish if everything will go to daughter A

    Or

    If things will go to daughter b's husband (as daughter b's will left everything to him)

    Or if it will bypass daughter b's husband and come to daughter b's children ie me and my sibling?
    Mortgage - 05/03/10
    £ 110,743.90 Aim to reduce mortgage to 105k by end of 2010

    Car loan - 05/03/10
    £5093.15 Aim to pay off car loan by end of 2010
    • Robin9
    • By Robin9 15th May 18, 9:02 AM
    • 3,088 Posts
    • 2,030 Thanks
    Robin9
    • #8
    • 15th May 18, 9:02 AM
    • #8
    • 15th May 18, 9:02 AM
    I see your Grandmother died in October 2016 and I would have expected the executors to have completed the distribution of the estate by now.

    Have the executors been in touch with you to advise that you are a beneficiary ?
    Never pay on an estimated bill
    • Flugelhorn
    • By Flugelhorn 15th May 18, 9:21 AM
    • 967 Posts
    • 1,148 Thanks
    Flugelhorn
    • #9
    • 15th May 18, 9:21 AM
    • #9
    • 15th May 18, 9:21 AM
    I think that with the "share and share alike" phrase it means that if daughter died before the grandmother then her share goes back to the other beneficiary.
    Suspect the more common version (at least what I have heard of more) is where the share for a deceased daughter goes to her children (bit like intestacy really)
    • Tom99
    • By Tom99 15th May 18, 9:29 AM
    • 2,641 Posts
    • 1,805 Thanks
    Tom99
    Unless the will provides otherwise you would inherit your mother's share.

    https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

    But what exactly does the will say, was it a home made will because the wording “share and share alike basis as if remnants in common “ is unusual.
    If its a home made will is it legally valid eg properly signed and witnessed etc?
    • Robin9
    • By Robin9 15th May 18, 9:32 AM
    • 3,088 Posts
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    Robin9
    I think that with the "share and share alike" phrase it means that if daughter died before the grandmother then her share goes back to the other beneficiary.
    Suspect the more common version (at least what I have heard of more) is where the share for a deceased daughter goes to her children (bit like intestacy really)
    Originally posted by Flugelhorn
    The wording is odd.

    I would have expected something like "if Daughter B should predecease me then her share shall pass to her children"
    Never pay on an estimated bill
    • jemz0001
    • By jemz0001 15th May 18, 10:02 AM
    • 85 Posts
    • 166 Thanks
    jemz0001
    Sorry there was an auto correct it should be "tenants in common"

    There is no provision for pre decreasing parent.

    There has been nothing done with the will as my aunt is saying that it's too emotional for her to deal with it yet and my father wants to get everything resolved before any one else on the chain passes away.

    I have a picture of the will but unsure how to upload it.

    It was a will made with a solicitor and witnessed.
    Mortgage - 05/03/10
    £ 110,743.90 Aim to reduce mortgage to 105k by end of 2010

    Car loan - 05/03/10
    £5093.15 Aim to pay off car loan by end of 2010
    • Yorkshireman99
    • By Yorkshireman99 15th May 18, 10:08 AM
    • 4,512 Posts
    • 3,744 Thanks
    Yorkshireman99
    If the executor refuses to act they can resign or be replaced. You can apply for letters of administration with the will attached. This needs to be done urgently as well as notifying banks and building societies.
    • chesky
    • By chesky 15th May 18, 12:45 PM
    • 1,028 Posts
    • 1,722 Thanks
    chesky
    I would ask the solicitor concerned to ask for an interpretation of the wording.
    • nom de plume
    • By nom de plume 15th May 18, 1:23 PM
    • 729 Posts
    • 674 Thanks
    nom de plume
    Will says to be equally divided between my 2 daughters on a share and share alike basis as if tenants in common
    Originally posted by jemz0001
    My (amateur) interpretation of this is that the intention is for whatever this phrase refers to to be split 50:50 between daughters and, in the absence of any wording to the contrary, the rules of succession would apply and you and your sibling(s) would inherit your Mum's share - https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084
    • nom de plume
    • By nom de plume 15th May 18, 1:27 PM
    • 729 Posts
    • 674 Thanks
    nom de plume
    Difference between joint tenants and tenants in common - albeit in relation to property ownership...

    If property is owned as Joint Tenants the Rule of Survivorship applies. This means that if one of the co-owners dies, the survivor/s will automatically inherit the deceased!!!8217;s share equally between them, regardless of what the Will or the Intestacy Rules say.

    If property is owned as Tenants in Common the Rule of Survivorship does not apply, which means that if one of the co-owners dies then the provisions of their Will (or if there is no Will, the Rules of Intestacy) will determine what happens to their share.
    • getmore4less
    • By getmore4less 15th May 18, 1:49 PM
    • 33,071 Posts
    • 19,943 Thanks
    getmore4less
    All the wording in the will is important as there is what is know as the section 33 rule as referenced by Tom99 earlier.

    the law is in this legislations.
    http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33
    • jemz0001
    • By jemz0001 15th May 18, 2:21 PM
    • 85 Posts
    • 166 Thanks
    jemz0001
    Is there anyone I could send a picture of the full will to that could read and advise fully?
    Mortgage - 05/03/10
    £ 110,743.90 Aim to reduce mortgage to 105k by end of 2010

    Car loan - 05/03/10
    £5093.15 Aim to pay off car loan by end of 2010
    • Tom99
    • By Tom99 15th May 18, 2:37 PM
    • 2,641 Posts
    • 1,805 Thanks
    Tom99
    Is there anyone I could send a picture of the full will to that could read and advise fully?
    Originally posted by jemz0001
    Email a few local solicitors they might even give you 1/2hr for free.
    • chesky
    • By chesky 15th May 18, 2:41 PM
    • 1,028 Posts
    • 1,722 Thanks
    chesky
    Is there anyone I could send a picture of the full will to that could read and advise fully?
    Originally posted by jemz0001
    Or go back to the original one - sounds like he might owe you that.
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