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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am applying Grant of Probate to administer the estate

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I am applying for a Grant of Probate to administer the estate of my Mother. However since the will was written grandchildren have been born - some of whom are under 18.
Can I still get the Grant of Probate, and make a trust for these grandchildren or employ a solicitor to make a trust for them?
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you confirm what your Mother's Will say as regards ***** ***** receiving a legacy?
I look forward to hearing from you.
Customer: replied 2 years ago.
My Mother had 11grandchildren and great grandchildren, 6 of whom are over the age of 18. Those born when the will was written are to receive £7,500. Then it was written in the will - should any further children and grand children be born before my death, they shall be treated in a like manner. So the 5 now under the age of 18 should each receive the same amount of money.
Thanks for your reply.
Sorry- one more question. Are you the only Executor named in the Will?
Kind Regards
Customer: replied 2 years ago.
No, not the only one, my two brothers are also named, but are happy for me to apply for probate, and have their power reserved. Regards, Glenys.
Hi Glenys,
As there are minor beneficiaries, it will be necessary for at least 2 of you to apply for Probateas you both (or all 3 of you) will have to become "Trustees" of the monies which will ned to be invested for the minors.
Once you have obtained Probate, you will owe a duty to the minor beneficiaries to invest their entitlement in an investment which is safe but also grows. You can either seek advice from a Solicitor(who will recommend a financial advisor to you) or you can approach a financial advisor directly. With investments nowadays, it may just be recommended that you invest in a Building Society account. Whichever you decide on, the acoc**t will need to be opened in the name of you and the other Executor, in a Trustees account. You are not permitted to open the account merely in the name of the beneficiary, as you will be under a duty to hold the account until each child reaches 18.
I hope this assists and sets out the legal position.
If I have helped, I would be grateful if you could rate my answer.
Kind Regards
Customer: replied 2 years ago.
Thank you for that information. Would it be at all possible for a parent of the children to become a trustee?, Simply because we executors are 70 plus and the youngest child is almost 3!
You could "renounce" Probate (ie give up your positions as Executors/Trustees) and the Court can appoint 2 other people to act (who could be the parents of one or more of the beneficiaries). You should speak to a local Wills Solciitor to assist you in preparing the necessary application for you if you go down this route.
Hope this helps.
Kind Regards
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you Al, I think we will avoid that one. Many thanks for your help and prompt replies.
Regards Glenys.
Thanks Glenys, you're welcome!
If I have helped, I would be grateful if you could rate my answer, so I get credited for my time.
Kind Regards