Will Query

[beanebabe]

I am due to inherit some money from the sale of a house (est. 1/13th share �20-30K). There are 4 children on one side of the family who are all due to get a full share because they were alive when my Auntie died. There are 4 children on my side of the family who are only going to get 1/13th between them because they weren't born when my Auntie died (it has been agreed that their share is what was my Gran's who has since died). Does the money have to be shared according to the will or can it be at the executors discretion? It would be an equal share on both sides of the family if it was divided fairly.

[bednobs]

It is a legal imperative it is shared according to the will.(in england) I dont understand how children who have not yet been born can benefit from a will. there is no such thing as "fair" when it comes to wills - just waht the will maker wanted to happen. You cannot decide arbitrarily to divide up grans share as you want - it should either be divided up as per her will, or the laws of intestacy

[dzug]

The executors can go to court and enact a 'Deed of variation' of the terms of the will.

To do so they must have the agreement of all those who are adversely affected by the change.

It is possible in some circumstances for children to automatically inherit the share of their deceased parent who should have inherited under the will - which is what may have happened here. They don't get a share each - but a share of their parent's share.

[Barmaid]

Both bednobs and dzug give fantastic answers. However, this can be very complicated and I think you need to provide really specific details for anyone to advise properly. Ie exact terms of will and dates of death of dramatis personae.