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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10776
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother has a will (a mirror of my deceased fathers)

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Hello My mother has a will (a mirror of my deceased fathers) which was drafted in 1960. I am the only beneficiary, as at the time I wasn't married nor had any children. There are no bequests and no executors. I have a terminal illness and it quite likely that she would survive me even though she is 93. I have asked that she adds a codicil to the will so that her two grandchildren benefit. There is one maternal relative but quite a few paternal ones. She will not except that anything will happen to me which is distressing. What would be the likely outcome if she survives without doing anything?

Hello and thanks for using Just Answer.

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

Firstly, if you can, you should try and get your Mother to update her Will or prepare a Codicil.

If this is not possible, and anything were to happen to you before your Mother, her Estate would be distributed in accordance with the strict rules of Intestacy. These rules state that if the deceased dies, without leaving any surviving children, then the Estate will be divided between those children's children. Hence, your children would inherit her Estate and no-one else (this is on the assumption that you did not have a sibling who has died and has surviving children).

I hope this helps and sets out the legal position.

If i have assisted, I would be grateful if you could rate my answer.

Kind Regards


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