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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10632
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My Mother wrote a will when of sound mind, she has stated

Resolved Question:

My Mother wrote a will when of sound mind, she has stated that all the estate will go to me ( her only son ) and small amounts to my two daughters and grandchild. She is now 102 years old and I am P.O.A. for her, I am 72 years old now and my wife has pointed out that what happens if I Die before my Mother, presumably my 2 daughters will have all the estate, and she will be left with nothing. Is this correct and if so is there a way my Wife can claim some of the Estate?.
Best Regards, ***** ***** Upham.
Is
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi David,

Thanks for your enquiry. I am afraid that unless your Mother's Will specifically states that your Wife should inherit the Estate were you to die before your Mother, the Estate will pass equally between your 2 children. Likewise, unless your Mother is of sound mind now and is willing to change her Will to reflect this change, there is no way that your Wife can claim anything from your Mother's Estate. The only option open to her would be that if your children were to inherit, they can agree to vary the terms of the Will (called a "Deed of Variation"). This Deed in effect re-writes the Will post death and can be done anytime within 2 years of death. So, if your children agree, they could sign a suitable Deed of Variation, granting your Wife a proportion of the Estate.

I hope this helps and sets out the legal position.

If I have helped, I would b grateful if you could rate my answer.

Kind Regards

Al

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