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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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Hi, my partners nan died the day after her dad. The nan named

Customer Question

Hi, my partners nan died the day after her dad. The nan named her dad and her uncle as jointly in the will. What happens to her dad's half? Does it all go to her uncle or does it go her?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What did the Will say should happen in such circumstances
Clare
Customer: replied 3 years ago.
It just said 50-50 to the two brothers
Expert:  Clare replied 3 years ago.
Hi
Nothing in the paragraph that says words such as " provided that"?
Was it it prepared by a Solicitor?
Clare
Customer: replied 3 years ago.
Not sure about the provided line but was prepared by a solicitor
Expert:  Clare replied 3 years ago.
Hi
have you seen a copy of the Will?
Clare
Customer: replied 3 years ago.
Yes briefly as it's with partners uncle at the mo
Expert:  Clare replied 3 years ago.
Hi
It is the wording of the Will that matters.
A well drafted Will will provide for the children of the sons to inherit if either of the sons died before their mother.
Even if there is no such provision the Wills Act of 1837 allows for the Children to Inherit where it is a grandparents Will UNLESS the Will specifically excludes this.
Sorry not to give a decisive answer but without seeing the actual wording this is the best guide I can give
Please ask if you need further details
Clare