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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10494
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My 86 year mother-in-law has written a will and testament,

Customer Question

My 86 year mother-in-law has written a will and testament, the content of which only she knows.
She only has two close next of kin: (1) her daughter (my wife) and our three childen (her grandchilden) on the one hand, and (2) and my mother-in-law's last grand child, who is the daughter of her other deceased daughter (my wife's sister).
The question is how much elbow room, according to English law, does my mother-in-law have to favour in her will and testament respectively (1) my wife and (2) her grand child by my wife's sister? Can she choose freely or does the law guarantee a minimum to her only suviving daughter (like 50%)?
Mike
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Under law, a parent is under no obligation to leave anything to their children. In the scenario where a child is left 0%, the child would only be entitled to make a claim against their parent's Estate for inadequate provision if they had been financially dependent on their said parent.

Likewise, a Grandparent does not have to leave anything to their grandchildren. Normally, clients would not leave anything to the grandchildren and leave their Estate equally between their children, on the basis that the grandchildren will in due course inherit from their respective parent.

On the basis that your Wife's sister has died, it would be normal and reasonable for her Mother to leave 50% to your Wife and 50% to her late sister's children.

I hope this assists and answers your question.

Kind Regards

Al