Author Topic: Will dilemma, wonder how others feel  (Read 3515 times)

Offline Billy no mates

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I will try to summarise

Parent has died, leaving money to the four siblings.
One of the siblings has previously died.
Will states equal split between four siblings.

So, how do others feel about the sibling (who died) ex partner receiving that portion of the will money, how long would you feel the partner is entitled to the money ? If sibling died last week it would be different than if died 10yrs ago for instance.

Ex partner is still single, but is dating.

Just fancy hearing the opinions of others, it won’t really affect the situation we are in, I’m not looking for legal or financial advice just opinion.

Thanks
« Last Edit: March 23, 2024, 11:02:25 am by Billy no mates »

Offline RandomGuy99

Does the dead sibling have children?

If so, then the will normally would pay out to them as the beneficiaries of the dead sibling's estate.

Will should have been updated to reflect this.

Was the sibling married to their partner?

Was he the beneficiary of the dead sibling's estate?
« Last Edit: March 23, 2024, 11:11:19 am by RandomGuy99 »

Offline Doc Holliday

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I will try to summarise

Parent has died, leaving money to the four siblings.
One of the siblings has previously died.
Will states equal split between four siblings.

So, how do others feel about the sibling (who died) ex partner receiving that portion of the will money, how long would you feel the partner is entitled to the money ? If sibling died last week it would be different than if died 10yrs ago for instance.

Ex partner is still single, but is dating.

Just fancy hearing the opinions of others, it won’t really affect the situation we are in, I’m not looking for legal or financial advice just opinion.

Thanks

What does the will state in the event of the death of one or more of the siblings?

Online Dark Vader

I think it should be split 3 ways now. Only consideration the girlfriend should have is if the the parents knew and were fond of her and would have wanted her to have something.

Online Thephoenix

It sounds to me like one of the simple DIY wills which hasn't been updated following the death of one of the siblings. :unknown:
It may also be prudent to ask the 3 remaining siblings.
« Last Edit: March 23, 2024, 11:20:56 am by Thephoenix »

Offline RandomGuy99

It sounds to me like one of the simple DIY wills which hasn't been updated following the death one of the siblings. :unknown:
It may also be prudent to ask the 3 remaining siblings.
It's whatever the Will says that counts in law.

Online Thephoenix

It's whatever the Will says that counts in law.

Of course, but it might be useful to ask them if they would wish to share some of the proceeds with the partner. I've witnessed a similar situation which turned out amicably for everyone, even though the partner had no legal rights to the proceeds.

Offline Doc Holliday

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More information needed, but having reread the OP I am now thinking that the contents of the will has meant the partner of the deceased sibling will be entitled to the fourth share and that he is asking for opinion on how others feel about this given that she is about to enter a new relationship?

Offline RandomGuy99

More information needed, but having reread the OP I am now thinking that the contents of the will has meant the partner of the deceased sibling will be entitled to the fourth share and that he is asking for opinion on how others feel about this given that she is about to enter a new relationship?
If the dead sibling decided that their estate should go their partner then it makes that the inheritance from the dead sibling's parents should also go their partner as that was their wish for their estate. If the dead sibling had not died before their parents and inherited and then died then the partner would have inherited from the dead sibling including any monies from their parents. The partner might have children from the relationship and need the money to support them.
« Last Edit: March 23, 2024, 11:34:07 am by RandomGuy99 »

Offline hullad

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I would try to follow the will as it was intended, the siblings has passed on and I would say it should pass to the surviving partner. Unless there is a clause in the will that directs it to be shared amongst the surviving siblings.

If it was me looking at it, I would not be expecting more from the estate, by giving it to his  partner even if she has a new partner or even dating you are fulfilling the will as intended when it was written
« Last Edit: March 23, 2024, 11:50:47 am by hullad »

Offline Doc Holliday

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If the dead sibling had not died before their parents

But they did die and that is the discussion. Further speculation is pointless until Billy has replied

Offline RandomGuy99

It depends on the parents' Will and the Will of the dead sibling.

Offline Billy no mates

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Sorry for missing out information.

Yes, the sibling died prior to the parent.
The will had not been updated, to reflect that death.
Yes, there are two grown up children of the dead sibling.

The will is going to be followed.
I just wondered what people’s opinions are as there has been discussion between us remaining siblings and some quite opposing views.

Offline Doc Holliday

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Yes, there are two grown up children of the dead sibling.



Thanks

According to the will were they the direct beneficiaries or the partner of the deceased sibling?

Offline nuckingfuts

I will try to summarise

Parent has died, leaving money to the four siblings.
One of the siblings has previously died.
Will states equal split between four siblings.

So, how do others feel about the sibling (who died) ex partner receiving that portion of the will money, how long would you feel the partner is entitled to the money ? If sibling died last week it would be different than if died 10yrs ago for instance.

Ex partner is still single, but is dating.

Just fancy hearing the opinions of others, it won’t really affect the situation we are in, I’m not looking for legal or financial advice just opinion.

Thanks
Sorry for missing out information.

Yes, the sibling died prior to the parent.
The will had not been updated, to reflect that death.
Yes, there are two grown up children of the dead sibling.

The will is going to be followed.
I just wondered what people’s opinions are as there has been discussion between us remaining siblings and some quite opposing views.

Firstly, I’m so sorry for your loss.

IMO the fourth portion should be split between the two children of your late sibling.

Is there an unbiased 3rd party processing the probate or is it one of you three?

Again, my condolences

Offline RandomGuy99

Firstly, I’m so sorry for your loss.

IMO the fourth portion should be split between the two children of your late sibling.

Is there an unbiased 3rd party processing the probate or is it one of you three?

Again, my condolences
It's down to the Executor(s) of the Will.

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« Last Edit: March 23, 2024, 12:32:52 pm by RandomGuy99 »

Offline PilotMan

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It's down to the Executor(s) of the Will.

External Link/Members Only

That's incorrect, it's not down to the Executors, they just execute. They don't make decisions that are contrary to either the will or intestacy laws, they don't make judgement decisions.

Depending on what else is in the will and if there are any other relevant mitigating factors, I'm pretty sure that intestacy laws will supersede any of your siblings personal preferences.

For example, you mention there are grand children of the deceased parent, they will most likely be entitled under intestacy laws. Was the sibling who died married to their partner?


« Last Edit: March 23, 2024, 12:47:14 pm by PilotMan »

Offline RandomGuy99

That's incorrect, it's not down to the Executors, they just execute. They don't make decisions that are contrary to either the will or intestacy laws, they don't make judgement decisions.

Depending on what else is in the will and if there are any other relevant mitigating factors, I'm pretty sure that intestacy laws will supersede any of your siblings personal preferences.

For example, you mention there are grand children of the deceased parent, they will most likely be entitled under intestacy laws. Was the sibling who died married to their partner?
It's down to the Executors of the Will to execute the Will.

Intestacy guidance External Link/Members Only
« Last Edit: March 23, 2024, 01:03:18 pm by RandomGuy99 »

Offline scutty brown

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Were they living together as a couple? If so treat them as if they were married so she inherits. If they had been married she would have automatically inherited (unless the will specified otherwise)
One of those daft parts of law where a piece of paper makes the difference.

Online RedKettle

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Most of the replies are legal but I don’t think that is what the OP asked, I think he wants the emotional response.

I think that you should follow the wishes of the person who died and without any other information that seems to be that they wanted the money to follow each of their children. To me that implies it should go to the children of the child who died before them.

Whether in that circumstance money goes to the partner of the child tends to be quite provocative.  How i would feel about it depends on how long the relationship was and whether the spouse supported the person when they were alive. And a host of other factors.

Very hard to give a general view.

Offline Pillowtalk

Sorry for missing out information.

Yes, the sibling died prior to the parent.
The will had not been updated, to reflect that death.
Yes, there are two grown up children of the dead sibling.

The will is going to be followed.
I just wondered what people’s opinions are as there has been discussion between us remaining siblings and some quite opposing views.

I don't think opinion matters. It's what the will says that counts and reflects (presumably) the wishes of the deceased. If not, it should have been updated.

Offline GreyDave

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That's incorrect, it's not down to the Executors, they just execute. They don't make decisions that are contrary to either the will or intestacy laws, they don't make judgement decisions.

Depending on what else is in the will and if there are any other relevant mitigating factors, I'm pretty sure that intestacy laws will supersede any of your siblings personal preferences.

For example, you mention there are grand children of the deceased parent, they will most likely be entitled under intestacy laws. Was the sibling who died married to their partner?

 :hi: Not quite corret, Ive been Executor of 2 wills where.... " These are my wishes but I leave it to my Exectours to decide as best suits at their discretion "    this was done so there was provision for the proceeds to fund Stay in home expenses of a partner or with hold so this could be paid to the other benificares ( which is what happened ) I ve been on reciving end when the Excutors took almost 4 years to divy up and pay out but took almost 50 percent of the estate in expensies :dash: this involved legal fees running into 10,000s and it was divideup between many in family including two charities which recived 30% we ended up with engough for a hoilday...2 others died in process their kids got cash.Advisers made cash cows out of it :angry:
« Last Edit: March 23, 2024, 02:23:19 pm by GreyDave »

Offline PilotMan

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It's down to the Executors of the Will to execute the Will.

Intestacy guidance External Link/Members Only

That's what I said.

Offline PilotMan

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:hi: Not quite corret, Ive been Executor of 2 wills where.... " These are my wishes but I leave it to my Exectours to decide as best suits at their discretion "    this was done so there was provision for the proceeds to fund Stay in home expenses of a partner or with hold so this could be paid to the other benificares ( which is what happened ) I ve been on reciving end when the Excutors took almost 4 years to divy up and pay out but took almost 50 percent of the estate in expensies :dash: this involved legal fees running into 10,000s and it was divideup between many in family including two charities which recived 30% we ended up with engough for a hoilday...2 others died in process their kids got cash.Advisers made cash cows out of it :angry:


So you are actually agreeing with me.

If the will says, I leave it to my executors to decide, then they (the executors) are executing what it says in the will.

They can't make a decision that isn't provided for in the will, they have to then revert to intestacy laws.

Sounds to me like you should have gotten some, or better legal advice. There are strict rules around executing a will, sounds to me like they weren't followed in your case.

Whoever wrote the will also sounds as though they didn't do such a good job of it.

Wills should say what you don't want to happen, as much as what you do want to happen. And plan for any eventualities such as someone dying or becoming seriously ill,  or divorcing etc.

My will specifically states people who I have excluded, and the reason why for example.





« Last Edit: March 23, 2024, 02:37:46 pm by PilotMan »

Online Thephoenix

Inevitably we're going to get the barrack-room lawyers arguing points of law.

We still don't know the full facts so it's difficult to comment.

Offline RandomGuy99

Sadly Wills can cause arguments and tensions within families.

Morally all you can do is execute the wishes of your parents and your sibling as stated in their Wills to the best of your ability. People might not like it, but you might just need to say tough
this is what they wanted to happen and we should honour their wishes.

Offline nuckingfuts

Inevitably we're going to get the barrack-room lawyers arguing points of law.

We still don't know the full facts so it's difficult to comment.

This 👆


Just fancy hearing the opinions of others, it won’t really affect the situation we are in, I’m not looking for legal or financial advice just opinion.

Thanks

Offline PilotMan

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I don't think opinion matters. It's what the will says that counts and reflects (presumably) the wishes of the deceased. If not, it should have been updated.

We can all offer an opinion, but it makes no difference. I don't understand why the op wants an opinion?

The executors have to follow the instructions in the will. If there's any ambiguity, get a specialist solicitor.

Offline Doc Holliday

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Most of the replies are legal but I don’t think that is what the OP asked, I think he wants the emotional response.

Yes that is exactly how I am reading it. He has stated that the will will be followed and whatever is in the will result in the partner of the deceased sibling receiving the fourth share. This legality is not contested

This however has resulted in some divided feelings among the three surviving siblings because the partner is now dating someone and there is the potential for the money to then go to that third party at some future date. Presumably Billy has a personal view on this and wants to gauge from a wider audience how they would feel in this situation?

Wills and subsequent remarrying within family always has the potential to create resentment.

Offline JontyR

Firstly, I'm sorry for your loss.

Secondly a story which details a different situation legally but one which may help your emotional thinking.......A few years back there was a situation at work. A man, decent bloke, died unexpectedly. He was living alone having recently split from his wife. Trying to be charitable it is fair to say that she had "issues" which were at least in part due to the break up of the marriage. He had confided in me that he would never have married her if it hadn't been for the fact she had fallen pregnant, she was a slave to the booze. He had stayed whilst there kids were there, but left as soon as the youngest went to university.

He was looking to move on with his life when he suddenly died. Came as a real shock, but the company had decent death in service cover so it was something of a comfort to think that his kids would have some kind of financial recompense.

Except the divorce hadn't been finalised and he hadn't made a will. The kids received payments from his pension whilst they were in education but the payout went to the woman who he wanted to divorce.

She pissed it all up the wall and was dead within a couple of years, can't imagine there was much left for the kids who were now without both parents.

Offline scutty brown

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the big question here is not what the parents wanted, but what the deceased sibling would have wanted. If he died after the parents he would have inherited. What were his intentions with anything he then left?

Offline Doc Holliday

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I have just finished watching 'The Gentlemen' (Guy Ritchie's TV series version on Netflix)

Now that results in some serious shit when the content of a will isn't as expected  :D

We know Inheritance/wills etc can cause considerable issues within families, especially if there are some pre-existing rifts already. A will is really only the wishes of someone at the time it is signed. Life changes, second marriages are increasingly more common and they really should be reviewed regularly as circumstances change. Dementia may of course be an issue down the line with updating a will. Whilst most parents will outlive their offspring this isn't always the case and every will should make provision for this as much as is possible, but without the benefit of a crystal ball.

When my first wife was terminally ill she asked her parents (my inlaws) to change their wills to name me as the beneficiary for her (one third) share of their estate. This they did.

However after her death I got remarried a few years later and I preempted the issue this may cause down the line, so I asked them to change their will again, so that my share instead went to my children from my first marriage. This they were happy to do. My second wife was also in complete approval. I was also fortunate that I was by then retired and financially secure and my offspring would benefit more than I from the money.

Inevitably with time both in laws passed away and the third share (a reasonable sum) went to my children to make good use of. Everyone happy.
« Last Edit: March 23, 2024, 07:36:25 pm by Doc Holliday »

Offline PilotMan

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@doc holliday

Fortunately, it sounds as though you were surrounded by people who were reasonable and not money grabbers, including yourself.

Unfortunately, many people are not like that.

Hence why I say that when constructing a will, one should think of the many permutations of changes in circumstances that could occur, literally at any time.

Offline Doc Holliday

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Unfortunately, many people are not like that.

Hence why I say that when constructing a will, one should think of the many permutations of changes in circumstances that could occur, literally at any time.

Yes of course. I acknowledged that in my post, but it's also good to talk about it within families if possible. Many families have existing rifts making this difficult, but some only develop rifts following deaths/probate and which in some cases could have been averted by having amicable conversations prior to the death.

Wills should always be kept under review to allow for changes in circumstances etc and it seems perhaps in Billy's case it may have been beneficial for the parent and siblings to have had the conversations they are having now, before the event possibly allowing the will to have been updated?

I still have a parent alive and would have liked her to change her Will so that once again my share of any inheritance bypassed me and went to my children, but for some time now dementia has not allowed this. Her Will has always stated though that in the event of my death before hers, my share would go to my children. This may have been advantageous in the case in the OP?

Some people also deliberately weaponise wills to cause maximum friction when they have gone, so boys and girls, always be nice to your family  :D

Online Blackpool Rock

Yes that is exactly how I am reading it. He has stated that the will will be followed and whatever is in the will result in the partner of the deceased sibling receiving the fourth share. This legality is not contested

This however has resulted in some divided feelings among the three surviving siblings because the partner is now dating someone and there is the potential for the money to then go to that third party at some future date. Presumably Billy has a personal view on this and wants to gauge from a wider audience how they would feel in this situation?

Wills and subsequent remarrying within family always has the potential to create resentment.
Sorry Doc but I think it is contested  :unknown:

My initial thought on reading the OP's post was that legally if a beneficiary has died then they / their estate no longer have any claim on any money from their parents estate
I'm amazed that nobody else has flagged this as it seemed logical to me and a quick Google confirms -
If a beneficiary dies between the point when the Will was made and the death of the testator, under this scenario the beneficiary's estate will usually have no benefit from the Will. If the beneficiary has died before the testator, the benefit is said to have lapsed, although there are exceptions to this rule
External Link/Members Only.

It does appear that the will was badly written not to cover this or should have been updated when 1 sibling died however it wasn't therefore legally the estate should be split 3 equal ways between the 3 surviving children

However my understanding is that with agreement the beneficiaries of a will can be amended with the agreement of the beneficiaries, always better if there is total agreement but this doesn't appear to be the case however i'm not sure what the disagreement or the detail of the disagreement exactly are.
Logically if say for instance 1 beneficiary says No I want my 1/3 then they have that legal claim but the other 2 could agree for a portion of their inheritance to go to the dead siblings partner or children

In my opinion the partner of the dead sibling shouldn't get anything and the moral thing to do is to give the dead siblings share to his / her children as that's what would / should have naturally have happened in the long term if they hadn't died early
The only case for giving anything to the dead siblings partner is perhaps if they are really struggling and basically on their arse financially but again i'd only be looking to help out with what I thought would get them out of a rut rather than a full share

Offline Doc Holliday

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Sorry Doc but I think it is contested  :unknown:


F**k knows  :D Billy is online now perhaps he can clarify further in particular in relation to this

Thanks

According to the will were they the direct beneficiaries or the partner of the deceased sibling?

EDIT BR as you mention there is something called a Deed of Variation which can be put in place as part of probate where a beneficiary can reallocate part or all of their share. It is important this is done as part of Probate though to avoid tax implications which could arise if money is gifted at a later date.
« Last Edit: March 24, 2024, 09:22:29 am by Doc Holliday »

Online Blackpool Rock

I'll do this as a separate post but as already stated many families have rifts which are only made worse when it comes to dividing out the filthy lucre  :thumbsdown:
In many instances rifts suddenly pop up once the smell of money is in the air and often this isn't actually down to the actual family but the partners of family members who don't have any emotional attachment but like the £ signs and prospect of some free money  :diablo:

I'm aware of a massive family split in my own family though distant enough not to get dragged in and thankfully I don't really class them as family, my own family have spoken about their situation and we are all in agreement that it's a shit storm.
We all have the same opinion that it's person X who is at fault as they thought they should have had a larger slice of the pie however as pointed out above we actually think it was his 2nd wife who loaded the gun, this has resulted in a rift for about 30 years with siblings not talking to each other when they pass in the street although 1 has constantly tried to reconcile but it always ends in an argument

My own siblings all agree that it's not worth it for the money and we'd rather have no money but still have our close blood family bonds

I've also seen with a friend who is now dead how an estate ripped him and his brother and sister apart, this will was worth a few Million and included a business; a few properties and a decent stack of cash
My mate got fuck all apart from about £30K of chump change

The initial reaction from his brother and sister was one of shock and they were both critical of their Dad for having effectively cut him out.
They could have ensured that he did in fact get what he should have got or perhaps they could have employed him in the business on a big wage to make sure he was OK financially as he really was on his arse at the time but they didn't.
Within 24 hours they both changed their tune and seemingly had no sympathy for him pointing out how he'd had an argument with their dad years before and actually deserved what he got, the brother then openly laughed about it and took the piss for years to come

My mate was clearly pissed off that he hadn't got his share of the money but he did also say that his dad was wrong because if he didn't want him to have the money then he could have given his share to my mates kids who would now lose out through no fault of their own.

These things easily and quickly turn into a shit storm, i'm interested to know what the differences of opinion are between the OP and his siblings in what they think should happen to the money  :unknown:

As always when the legal profession are involved the best course of action is for the parties involved to agree an amicable if not perfect solution otherwise the solicitors will be more than happy to take a pound of flesh from every party, they love a good fight as they never lose  :diablo: 

Offline Doc Holliday

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EDIT again. Just checked and a Deed of Variation whilst best sorted at Probate, may still be put in place up to two years after.

Online Thephoenix

Dare I say that sometimes dying interstate can be better than a will that hasn't been updated, as it is the law and not the wishes of the deceased that dictate who inherits the estate.
Unfortunately in this case we don't know what the deceased would have wished in the circumstances, and that's what's causing the problems, whereas the law is clear.

I know that doesn't help the OP,  but it does serve to emphasis the importance of updating your wills.

Offline PilotMan

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Wills are a complex thing, not just legally, but through relationships, emotions and the thought of personal financial gain.

Often these motivations are hidden, but are there already and people have their greedy eyes on things. It only becomes apparent when it comes time to make a distribution ££.

Offline catweazle

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My own experience  of this:

My father was the youngest sibling of 7.  Despite this,  on his death  at the relatively young age of 67, he was survived by several of his siblings.

One of his sisters subsequently  died at age 97. She was  single   never married  snd had bought a house jointly  with another sister  ( also a lifelong spinster) who at that death was 84.

When the old lady died, she hadn't made a will.  She was  actually  quite  wealthy, and an MBE to boot.

As she was single   her estate fell to be divided  "sideways" as it were   between her brothers and sisters. As she had lived to such a grand old age  some of her siblings  had predeceased her, so their 'portion' fell to the children of that sibling ( and in one case a sibling had died also single)

So, ultimately   the estate  went into one sixth  each to the brothers and sisters- as my father had died   the one-sixth due to him came to be divided between  my sisters and I ( although my older sister declined her portion).
We had to establish a family trust to allow my aunt to remain in the house until  her eventual death, when it would be sold and the proceeds distributed as previously.

Offline Billy no mates

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F**k knows  :D Billy is online now perhaps he can clarify further in particular in relation to this

Ever start a thread and wish you hadn’t ?

@Red kettle got it right

Despite saying I didn’t want legal or financial advice, I have received and abundance of it.

Guys I was just interested in the emotional response of people in the ‘what’s right’ not what’s legal
Think Philip Schofield he didn’t break the law, but what he did with a younger guy was deemed ‘improper’

It was more that, how do people feel about what’s happening


The will is not being contested one of my brothers is kicking off that’s all and I wondered what everyone thought (I was deliberately vague cos I wanted feelings/opinion not legal guidance)

Have a great Sunday all, I did appreciate the condolences :drinks:

Offline Doc Holliday

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Guys I was just interested in the emotional response of people in the ‘what’s right’

Given that we do not know any of the people involved, in particular the partner of the deceased sibling, I am not sure how we could give an 'emotional' response as to 'what's right' within your specific family setting?

With all due respect Billy, being vague did not help. IMO the key aspect is if the Will been updated to cover the death of a sibling, what would it have been updated to? It is ultimately the wishes of the testator that are paramount.

You have given no indication of that, nor who the eventual beneficiaries are as a result of the existing will  :unknown:

Offline JontyR

It was more that, how do people feel about what’s happening

The will is not being contested one of my brothers is kicking off that’s all and I wondered what everyone thought (I was deliberately vague cos I wanted feelings/opinion not legal guidance)

Ok then...not knowing anything more than the dynamics...I'd be looking to give your deceased brothers share to his kids. If they want to look after the partner (Their mother?) then they can.

Offline GreyDave

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So you are actually agreeing with me.

If the will says, I leave it to my executors to decide, then they (the executors) are executing what it says in the will.

They can't make a decision that isn't provided for in the will, they have to then revert to intestacy laws.

Sounds to me like you should have gotten some, or better legal advice. There are strict rules around executing a will, sounds to me like they weren't followed in your case.

Whoever wrote the will also sounds as though they didn't do such a good job of it.

Wills should say what you don't want to happen, as much as what you do want to happen. And plan for any eventualities such as someone dying or becoming seriously ill,  or divorcing etc.

My will specifically states people who I have excluded, and the reason why for example.
  Sort of yeah but no but yeah (legal speak )    :D :D :DI did not make the wills Ive been involved with ( I am still alive  :lol: :lol: some parts of me are dead though  ;) )

Its a great opertunaty for Execs to bleed the cash out in the time probate is granted the other Execs had charged 1000s in fees just for what myself and the others were giving free :(

I think Dickens is the bloke who got Wills and Legal system right ....I watched as people stood on princlep and the bills flew in
 ;) remember Our last Pm chat about care homes ours has just put weekly up to £1850....
All best  :hi: :hi:

Offline PilotMan

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  Sort of yeah but no but yeah (legal speak )    :D :D :DI did not make the wills Ive been involved with ( I am still alive  :lol: :lol: some parts of me are dead though  ;) )

Its a great opertunaty for Execs to bleed the cash out in the time probate is granted the other Execs had charged 1000s in fees just for what myself and the others were giving free :(

I think Dickens is the bloke who got Wills and Legal system right ....I watched as people stood on princlep and the bills flew in
 ;) remember Our last Pm chat about care homes ours has just put weekly up to £1850....
All best  :hi: :hi:

I am surprised that happened, there are strict rules around executors charges and the transparency of the charges.

As for the care fees, the increasing cost doesn't surprise me. One of my in-laws is getting really old and harder for the family to care for themselves.

His family are talking about shipping him off to a care facility and are gobsmacked at the cost. Now they're having second thoughts because they realise that any inheritance will quickly get swallowed up.

Offline snaitram99

Ok then...not knowing anything more than the dynamics...I'd be looking to give your deceased brothers share to his kids. If they want to look after the partner (Their mother?) then they can.

I am not a lawyer, but from personal experience I think the deceased share going to the kids is what normally happens, unless there is any provision otherwise in the will. There might be some sort of life interest where there is a surviving spouse. OP needs to consult a solicitor if the correct legal entitlement is unclear. Whether people think the correct legal distribution is unfair is a different issue.

Offline Doc Holliday

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I am not a lawyer, but from personal experience I think the deceased share going to the kids is what normally happens, unless there is any provision otherwise in the will.

Correct assuming the beneficiary is a child of the testator, although a decent Will should specify that it passes to the children in the event of a death of a beneficiary (and assuming that is what the testator wishes) 

But once again we don't know the specifics of the will in question?

Offline Doc Holliday

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Correct assuming the beneficiary is a child of the testator, although a decent Will should specify that it passes to the children in the event of a death of a beneficiary (and assuming that is what the testator wishes) 

But once again we don't know the specifics of the will in question?

Also just to add ..... stepchildren (unless officially adopted) have no automatic inheritance rights unless provision is specifically written into the Will. No idea once again if this applies to Billy's situation?

If nothing else hopefully for anyone reading this thread, it will encourage people to ensure they have a comprehensive and up to date Will in place to suit their family circumstances. Also that IMO it can be good to talk about it within families.


Offline GreyDave

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Also just to add ..... stepchildren (unless officially adopted) have no automatic inheritance rights unless provision is specifically written into the Will. No idea once again if this applies to Billy's situation?

If nothing else hopefully for anyone reading this thread, it will encourage people to ensure they have a comprehensive and up to date Will in place to suit their family circumstances. Also that IMO it can be good to talk about it within families.
  Spot on Doc re talking to family members ....We had a few deaths that caused divy up troubles and we are now going though the paying for carehome situation with a distant familly member this has made the remaining ones ( im getting close to it  :lol: :lol: ) have a good think and they have started to give to Children and Grandchildren to avoid to 7 year rule plus they are giving regular out of income which is outside the seven year provision ...Items are being brought and 2 are having rather good house extensions paid for this also is also an attempt to  get in the 7 year rule. they understand that what they thought they might pass on will go in care home fees so their home will be swallowed up ...DONT THINK oh it will go for top price the local authoriy if you dont have the carehome cash take an order on property and at end of life that is fire (quickly) sold at Auction, a realitives 3 kids saw their home sold for a little more than third of what it would of got.   :( :( :( The Older I get the more unfair stuff I see  :(   It takes a confident and loved person who trusts family to talk candidly and openly about Death and Cash I hope ive the strenght to do it and the familly members to help when i need to ... :hi: