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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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what rights do the children of a deceased person have to a

Resolved Question:

what rights do the children of a deceased person have to a share of their grandfathers estate when the remaining living brothers have been left inheritance to share between them.Should the deceased brothers children not get their fathers full share from the estate
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you question.
If there is no will, the grandchildren inherit whatever estate their parent would have inherited.
If there is a will, the grandchildren don't inherit the legacy in the will but can claim Legal Rights to the extent that their parent could have done so. The extent of the Legal Rights depends on what other family there is.
Happy to discuss further if you give me more details.
Please leave a positive response so that I am credited time.
Customer: replied 2 years ago.

There is a will all grandchildren are to receive small amount from savings. The remaining brothers get to share the sale of house and other assets. The deceased brothers share I thought should go to his living children, if brother was still alive he would have got his share of house, just assumed under the law that his children would inherit his share

Expert:  JGM replied 2 years ago.
How many brothers are there including the deceased brother?
Customer: replied 2 years ago.

there are 5 brothers, one brother has been left out of the will altogether as there was a fall out with his father, but this brothers wife and son are to get a share from the savings left

Expert:  JGM replied 2 years ago.
Where there is a will the grandchildren can inherit as follows:
1. If the will specifically provides that grandchildren are to inherit their deceased parent's share, that is what will happen.
OR
2. If the will doesn't say this, the grandchildren do not inherit their parents share. However, the grandchildren can claim Legal Rights. Where there are five children originally and I assume no surviving spouse, the grandchildren can claim one tenth of the moveable estate between them. Moveable estate is everything except houses and land. They have to decide whether to claim the legacy made in the will or their legal rights. They can't claim both so they would normally claim whichever is the larger amount.
I hope this helps.
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