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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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Madam Please can you help. In 2003, my mum made

Resolved Question:

Dear sir/madam
Please can you help.
In 2003, my mum made me the executor of her will. I am the youngest one. I ensured my older sister and two brothers received a portion of mums will.
However under pressure to administer to siblings, I accidentally missed out the items which my mum bequeathed to her three grandchildren.
After all these years my nephew didn't invite me his wedding. That was only my only sisters son. When complained about the hurt I felt, my nephew said it was because he felt hurt I miss his Christmas invite and also my mum never left him anything in her will. I was shocked and it caused me to go back and look at the will.
Fortunately I a copy of the will. When I re-read the will I found that my mum had left a gift each to the grandchildren. I feel that his mother should have told me of mistake that I left his gift out being she also had a copy of the will and went to all the solicitors with me to administer the will. I searched and found all the items intact and I want to write the grandchildren to say I'm sorry they didn't get their gift and hope they will forgive me as
I was under pressure sort out the funeral arrangement and administer the will. I fee
l bad about it because none of my older brothers and sister pulled me up about it.
Am I right to this?
Finally can you clarify what this clause (b) in my mums will means:
In your opinion does that mean it don't involve me because I don't have any children. But just my siblings who have children?
Here is the part where mummy says the grand children would get some should get some money if the parent die before or after mum in section (b):
I give devise and bequeath
(a) UPON TRUST to pay my funeral and testamentary expenses and debts and all taxes and duties (if any) and
(b) UPON TRUST as to the remainder for such one or more of my child or children who shall survive me and if more than one in equal shares absolutely PROVIDED ALWAYS that if any one or more of my said children shall die before me or having survived me shall die without attaining a vested interest hereunder leaving a child or children who shall survive me and attain the age of eighteen years such grandchild or grandchildren of mine shall take and if more than one equally between them the share of my residuary estate which his or her parent would have taken had he or she survived me and attained a vested interest hereunder.
Does that mean the grandchildren will get equal share of mums Estate only if the parent die and not get a chance to inherit mum's estate?
or does it means even if the parent do inherit mum's estate should it still go to the grandchildren in equal shares after the parent dies?
In other words are Leon Joyce and Alvin still obliged to leave something for the grandchildren from mum's estate in equal shares after they die?
Thank you for your help and advice and clarification.
Looking forward your reply.
Yvonne Daley(Miss)
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
A simple letter to each grandchild sent with each gift apologising for the oversight is fine.You are correct in your understanding of the Will - the Grand children would only have received a share of the estate if their parents had died BEFORE you mother
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Dear Clare
Thank you very much for your speedy response to my enquiry.
It is very much appreciated.
I agree and do as you advise. The only thing is Paul's got a big oversized tool box made out hard and is very heavy.i will ask to one and collect it.
Many thanks
Yvonne Daley (Miss)
Expert:  Clare replied 2 years ago.
Hi
Excellent idea - I hope all goes well
Clare
Customer: replied 2 years ago.
Dear Clare
Thank you very much for you reply.
Also do you think if they ask to read the copy of the will I should let them see it?
Or tell them to ask their mum to see her copy of the will? As she also was hoven a copy of the will.
Many thanks for your help and cooperation.
Looking forward to your reply soonest.
Yvonne Daley(Miss)
Expert:  Clare replied 2 years ago.
HI
If you want to send them a copy you can do do - or just send them the page with their gift on
Clare
Customer: replied 2 years ago.
Dear Clsre
Thank you for all your help and speedy response my enquiry.
It's very
I have appreciated as always.
Many thanks ***** (Miss)