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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33799
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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If I before my Mum, who has made a will leaving all her assets

Resolved Question:

If I before my Mum, who has made a will leaving all her assets equally between us 5 girls,
will my share be di9vided between my 2 sons, or will my sisters get my share between them
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
That depends on what provisions your mother has made within her Will
It would be usual for there to be a clause which allows for your children to take your share - and in fact unless the Will specifically excludes this then this is what would happen
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.


Thank you, XXXXX XXXXX not sure I understand your answer. Mum has only said in her will, as far as I am aware, because it is an old will, that her estate will be left to we 5 children of hers. I have just done a will, and without my saying, it states that should one of my children die before me, then their share of my estate will be given to my dead childs children, or if there are none, all will go to my remaining child when I die.


I rang the will people up and they told me this is what would happen unless I stated differently and I was happy with that, so I hoped it would apply to my Mums will even though I don't know how it is worded..

Expert:  Clare replied 3 years ago.
Hi
Your Will writer has used the standard wording that any good Will Writer should use.
This does NOT mean that your mother's Will writer did so - although it is likely that they did.
In addition there is a Statutory provision which allows for the substitution of your children in these circumstances unless it is clear that this is NOT what your mother wished
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33799
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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