What to do with the Will

Flushdraw

I posted on this forum a while ago about asking, should my uncle die, should we tell my nan. She has bad alzheimer's and wouldnt remember anyway.

Well my uncle passed away last week and his funeral is on Tuesday. My mam and her sisters have decided against telling her because it would likely do untold damage to her. Most of the people who replied offered that advice.

My nan wrote out her will quite a few years ago and it states when she finally passes, her house is to be sold and divided between the children. With my uncle dying, that means theres 5 girls left. 3 of the girls want to include my uncles widowed wife in the will, and give my uncles share to her, but 2 of the girls think it should be split 5 ways.

Has anyone been through anything similar or have any opinions on the will? Thanks

Tony

imeddyhobbs

My grandmother was ailing and in care but she had all her wits about her when my sister was diagnosed with cancer.
We did'nt tell her!you have to weigh up the odds!My grandmother died of old age at 85 and my sister got the all clear!!
Avoid any stress to that lady and let all proceeds go to the next of kin of your uncle

GhostInTheRuins

I'm sorry for your loss OP, fortunately I haven't been through anything like that myself. Would it be possible for your mam or someone to ask your nan in a very round-about way and see what she says? I know it'd be very hard to do but I can't think how else you could find out what her wishes are. In my opinion though they should give some share to your aunt.

jhegarty

I presume its the will are you asking about here....

once your uncle died his share of the will went, it will be divided 5 ways.... they can of course give part of it your uncles wife if they wanted, but they would not be obliged to...

Carrigart Exile

jhegarty wrote:

I presume its the will are you asking about here....

once your uncle died his share of the will went, it will be divided 5 ways.... they can of course give part of it your uncles wife if they wanted, but they would not be obliged to...

Maybe that's the law in Ireland, in Scotland where I now reside his share would pass to his children

Carrigart Exile

Carrigart Exile wrote:

Maybe that's the law in Ireland, in Scotland where I now reside his share would pass to his children

That is the case here too,jhegarty was incorrect.


Sorry for your loss flushdraw,
May I ask how you know the content of the will? Was it not drawn up by a solicitor and in private? It runs a bigger risk of being contested otherwise.

sceptre

Flushdraw wrote:

My nan wrote out her will quite a few years ago and it states when she finally passes, her house is to be sold and divided between the children. With my uncle dying, that means theres 5 girls left. 3 of the girls want to include my uncles widowed wife in the will, and give my uncles share to her, but 2 of the girls think it should be split 5 ways.

It doesn't matter what they think - under the will one sixth of your grandmother's estate passes the way of your uncle, living or dead. Whether all of the share passes to your uncle's wife depends on whether he had a will or not and/or whether they have children or not.

CathyMoran

I don't know the legal side of this but morally it should go to your uncle's wife and child(ren), I imagine that it would be what your grandmother would want. When my grandmother died the estate was split to include my aunt's husband (as she had died before).

Flushdraw

Tristrame wrote:

That is the case here too,jhegarty was incorrect.


Sorry for your loss flushdraw,
May I ask how you know the content of the will? Was it not drawn up by a solicitor and in private? It runs a bigger risk of being contested otherwise.

Thanks for that lads. If the law states that 1 sixth now passes to my uncles family then thats all i need to know. Appreciate it.

My nan hadnt drawn up a will until she was into her pension years. She had 2 of her daughters present at the will so they know the content

Esel

IANAL, but AFAIK your dead uncle's share will go to his children, if any. That's what normally happens. It is usually stated in the will - 'per stirpes' is the term. If no children, I don't think his widow is entitled to anything.

Per Stirpes: http://www.investorwords.com/3688/per_stirpes.html

'Per Capita' is an alternative that might apply to the will: http://www.nolo.com/definition.cfm/term/F3F59450-CE12-404B-9178C3D5BF6DEC5E

Miss Fluff

Don't think its as clear cut as that. Talk to a good solicitor who specialises in probate, afaik it has to be specified, ie if your uncle is now dead, there should be a clause for living descendents but not his wife.

Actually its one third to the wife and 2 thirds to the uncles kids of his 1 sixth share afaik.

Esel

Tristrame wrote:

Actually its one third to the wife and 2 thirds to the uncles kids of his 1 sixth share afaik.

I think that what you describe applies in the case of a husband's will, not in the scenario the OP has described.

Sangre

People, stop with the legal advice. It really, really depends on the wording of the will. You should really ask a solicitor to look at it. Sounds like you're mother can't change it any way (not of sound mind).

John Mason

exactly, it is highly unlike that the sister can decide who does and doesnt get money in the will. Go and see a solicitor, i come from a legal background dealing mainly in probate and there is no way, i would be giving advice here with having sight of the Will

Well I only gave an opinion based on what the op said and asked.
My opinion falls if what he says about the will is not actually in fact the case.
The op should know this.
Regardless of what was bequested to someone that dies, the bequest follows on to his spouse and children

Of course the will could be worded every which way but loose.Though if it wasnt drawn up by a solicitor it might be very contestable.
Mind you all wills are I suppose,it's just some are more worth contesting than others depending on whats in them.
It doesn't sound like thats what the OP is either interested in or inquiring about.
He wanted to know if his dead Uncles entitlements died with the Uncle , they do not.
As Sangre pointed out, they won't at all now given the lady is currently not of sound mind and ergo incapable of drawing up a new will.
Sangre also pointed out that it really depends on the will-It could for instance state that should the person die the bequest goes to someone else.
Then obviously in that case,it's what the will actually says that counts and the someone else would get the uncles share of the loot and not his wife or kids in that case for example.

Incidently I remember reading a will where a 70 yr old man(married to a 30 yr old) died and left the bulk of his estate to his 1 year old daughter.
The will gave a lot of cash and property to the wife but stated that she could remain on the family farm living in the home on it (which was willed to the daughter) for " as long as she remains my widow".
Interesting wording that and it wasn't contested as evidently the value of what he left the wife equaled her entitlements from the entire estate.

esel

esel wrote:

I think that what you describe applies in the case of a husband's will, not in the scenario the OP has described.

Actually it would apply to any bequest the husband(the op's uncle in this case) got irrespective as to whether he had a will or not.
I had an uncle that died intestate you see so I know a tad of what I am talking about.I know my late fathers proportion fell to my mother who has since died aswell.I was also an executor of 3 wills recently and I have one myself so I've seen enough of the legalities of them.
Hence my interest in this thread when I saw it.
Again I'd agree the caveat, theres no sense in commenting on a will without see'ing it so my view is based on the information the op gave which is probably not the full picture.

Victor

Go to lawyer!