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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Please can you advise me? I have been included in my Grandmothers

Resolved Question:

Please can you advise me? I have been included in my Grandmothers will with my 3 brothers because my father passed away a few years ago and we are named and awarded double shares as we have a share of our own and my fathers share between us. He did remarry and had a child who is not named in my Grandmothers will so the question is are we legally bound to share with our step brother or is a case for us to decide at our discression and does his Mother have any legal say or can she dispute the will?
Thankyou Andrew
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. I regret to say that you must give a share in your father's share to your other brother, as all children take equally and share equally in your father's share. You can exclude him. Additionally, his mother will have a share in your father's share as well as she is your father's former spouse. However, this does not affect your own share which you take independently. If your father did not leave a will, it will be half to his new wife and one sixth each to the three children.

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you
In fact what happens depends on the actual wording of the Will
If it says that money is left to your father "provided that if he does not survive then his share goes equally between his children" then all of you share in that
If he died before the Will was made and your grandmother simply chose to exclude your step brother then the choice is entirely yours
His widow has no claim at all either way
Please ask if you need further details
Clare
Customer: replied 3 years ago.


Thanks for your reply Clare, My Grandmother had 2 Children my Aunt and my Dad who passed away a few years ago. My Aunt was made executor of her estate in 1997 and the house put solely in her name.My 3 blood brothers are named in the will but my 4th step brother isnt at all.There is a small amount of cash and a house to sell 100%of the house is my Aunts but because my Dad has passed away now she has genorously split 50% to my brothers and I. Im just unsure if We have to split anything with our step brother or is it our individual descision. My step brother and his mum got my fathers pension when he died as he didnt leave a will so my brothers got nothing. Sorry its a bit confusing. Many Thanks Andy.

Expert:  Clare replied 3 years ago.
Hi
When did they each pass away - your father and your grandmother?
Clare
Customer: replied 3 years ago.

My Dad 2010 and My Grandma the end of December 2013

Expert:  Clare replied 3 years ago.
HI
When was your Grandmothers Will made?
Clare
Customer: replied 3 years ago.


Probably in the 80's then they reviewed it in 1997 when my Grandfather died and she wanted to put things in my Dad and Aunts name but my Dad didnt want to do it so it was all put in my Aunts name. To her credit she is willing to still split it with us but is asking us if we want to include our stepbrother. One of my brothers does and the other 2 dont want to.? Just didnt want his new wife to stake any claim but maybe because its in my Aunts name she couldnt anyway.

Expert:  Clare replied 3 years ago.
Hi
What is the wording of the Will relating to your fathers share?
Clare
Customer: replied 3 years ago.

Its hard to remember as it was last Saturday, but the latest will was made out and everything was split into shares to go to the surviving family members but my step brother and his mother were not mentioned at all and my Aunty has asked us what we want to do.. But I dont know how we stand legally or is it a moral issue..

Expert:  Clare replied 3 years ago.
Hi
You need to know whether the Will made any provision for what happened if your father or Aunt had died before your Grandmother
Can you check that?
Clare
Customer: replied 3 years ago.

Thanks Clare, I seem to remember it saying in the event of my father dieing before my Grandmother then his share should be equally shared between my 2 brothers and I which were named in the will but his son from his new marriage wasnt named at all or his new wife.


 

Expert:  Clare replied 3 years ago.
Hi
So it specifically says if he dies his share goes to his sons "Tom Dick and Harry" rather than "equally between his children"
is that what you mean?
Clare
Customer: replied 3 years ago.

Yes thats correct we were named but his son and new wife were not..

Expert:  Clare replied 3 years ago.
Hi
Then the issue is a moral one and not a legal one.
If you three were named as being the ones to receive the funds if your father had already died then it is you three who are entitled to the funds
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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