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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10456
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My father's will stipulates on death his estate be divided

Resolved Question:

My father's will stipulates on death his estate be divided between his 4 children. However one child has died leaving two grandchildren. Do those grandchildren automatically inherit their mother's share or can the estate be divided between his remaining 3 children - his preferred wish.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Unless your Father's Will specifically states that any deceased's child's share should pass to the surviving children, the deceased's child's share would indeed pass equally between his/her children.
To be honest, a standard Will normally says that the Estate is "divided equally between my children, but if any have predeceased me, then their share should pass to their children and if more than one in equal shares" (ie to the children of the deceased child).
Only if your Father's Will says " my estate is to be divided equally between my 4 children ABCD and if one of them dies before me then my Estate is to be divided between my surviving children and if more than one in equal shares" (this would be unusual).
I can only therefore suggest that you check the wording of the Will and if your Father is alive, he should update his Will if he is not happy with the current wording. (apologies, but I do not know if your Father is still alive).
I hope this helps and answers your question.
Kind Regards
Al
Customer: replied 1 year ago.
My father has in fact died. The wil stating that the estate should be divided equally between children ABCD absolutely. I am not sure if the the latter term has any meaning in the event of C having died leaving 2children.
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your reply and am sorry to hear of your loss.
The wording of the Will does mean that C's quarter share passes equally between her 2 children.
I hope this clarifies matters.
Kind Regards
Al
Customer: replied 1 year ago.
Thanks for the clarity.
Best regards,
Stephen
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks. Sorry this may not have been the answer you were looking for.
If I have assisted, I would be grateful if you could rate my answer.
Kind Regards
Al
Aston Lawyer and other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Can I assist you any further?
If not, I would be grateful if you could rate my answer.
Kind Regards
Al