sister or daughter

[fishin61]

An great aunt died leaving money to my wifes mother that died many years ago. My wifes two aunts kept the money because they said they were next of kin. I thought my wife and her sisters would be the next of kin because their mother gave birth to them.

[bednobs]

if the deceased person had a will, then the executors must make sure that the terms of the will are effected. Wills usually include a doomsday scenario which takes effect if the persons named in the will are no longer alive - you would hve to see the will to know what was in it.

[fishin61]

The problem is my wife and her sisters never saw the will. My wifes aunt was the executor. My wifes deceased mothers sisters all received about �30k each plus my wifes mothers money about �30k.

[Skyline D]

I'm no lawyer so wait until someon here who is answers (and there are a few about) but, I was under the impression in law that if a beneficiary has pre-deceased the giver then, unless the will says something specifically different, then her share would fall to be shared equally amongst her children. I'm sure there was a question on here recently about the definition of next of kin in law and whilst there wasn't a hard and fast answer except in some specific instances children would certainly come before sisters.

[factor-fiction]

Have you asked for a copy of the will? Have you tried the Probate office

[fishin61]

No I did not. My wife gets mad if I bring up the matter.

[Ethel]

After so long it is fruitless and pointless - there are statutory time limits to challenging a will - 6 months from grant of probate or letters of administration

[fishin61]

Thank you for all your help as it is well past 6 months.

[Skyline D]

They are not challenging the will itself though are they?

The implication is not that the will needed challenging but that the distribution wasn't in accordance with it. Does that make a difference to the time limits?

[bednobs]

i think what needs to be established from some legal type person is this: when a beneficiary predeceases the legator, what happens? does the share get spread out between the other beneficiaries or does the relatives of the dead beneficiary get the money?

[Schutzengel]

The question is not particularly clear. The important thing is - when did the great-aunt die. i.e. How recently. Are the two aunts the sisters of the questioner's wife. If so, and one share was left to the third sister (no matter how long ago she died), that share was rightfully intended for the third sister. However if she pre-deceased the person who made the will, it would appear that her share should have been divided between her existing children. At least that is what happened in a similar instance within my own family. Perhaps there is a case for wrongful distribution of the estate. It might be worth investigating.

[Schutzengel]

Sorry, getting confused myself. That should have read in the 4th sentence, "Are the two aunts the sister's of the questioner's wife's mother".

[jen78]

It does depend on what was stated in the will.

The money could have been stated to be left solely between the three sisters, that if any of them die then the amount is shared between those surviving rather than their share going to the children etc...

Impossible to know without seeing the terms of the will.

[fishin61]

Thanks for all your input. To clarify:
There was a great aunt that died leaving her assets to three nieces ( which one died over 25 years ago and is my wifes birth mother). The two remaining nieces said the law (not the will) says the money goes to them not their deceased sisters children.

[fishin61]

Schetzengel ...........yes

[Barmaid]

As has been said before, it is subject to the terms of the will. You can obtain a copy by writing to the York Sub Probate Office and Duncombe Place, York with �5 (I think) cheque payable to HMPG. The will is your starting point and it depends on the wording. Unless there is very specific wording though, a predeceased's beneficiary's share fails. Assuming the share has failed (and it is by no means certain), it is then a question of construction as to whether the failed share is shared out between the beneficiaries under the will or the deceased testator's kin under the intestacy rules. If the latter, your wife should share.

The 6 month time limit applies to claims under the Inheritance Act or claims for rectification. A claim such as this could be governed by the Limitation Act 1980 which would put the time limit at either 6 or 12 years depending on the exact circumstances. However, if there is a breach of trust, the time limit may not apply.

[factor-fiction]

I'm not sure why this issue has raised its head now in your family after all this time.

Anyway, I don't think we can take this much further without knowing exactly what the will said. All may then become clear. If you then think you have a case it may be worth seeing a solicitor if you believe the sisters failed to distribute the estate properly.

But a legal challenge now may now cause a lot of family upset and there may not be much left to fight over anyway. And remember, if your wife upsets her two aunts now then she may find they cross her out of their wills!

Good luck.

[fishin61]

Factor30
This issue has been there for awhile. This is a second marriage and my wife wants me to sell some of my investments (deposit) to buy her a house and are marriage is not the best one. She didn't ask for child support from her previous partner and did nothing about this will and I'm tired of a one sided marriage. I want none of the money but I do want her to take care of money owed to her.