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the will has she brocken the law??
hi can anyone help. i know nothing about wills.
the thing is my nan done a will, and my mum died before my nan did. so my mums sister was left in charge to sort it out. in the will my mum was given �10,000, but because she died before my nan it was shared out between 7 children which was me and my brothers. but we were only given �1,000 each. also my dad should of been given �2,000 as it was stated in the will, but he didnt even get a penny. as far as my auntie is concerned we havent seen a copy of the will, and she stated to us in a letter that she has divided our mums money out (that was going to go to her) as that is what our nans wish was. but she hasnt. does she by law have to give what the will states and not what she wants, as thats the point of wills isnt???, plz help as sadly my mums side of the family dont want to know us and now that we saw a copy of the will we can see that our nan didnt love our mum much even though she done all the running around, as our auntie got 4 times that amount plus stock and shares. we want to know as we want to take it further so that our mum can have a bit of respect and we will be given the money to charity that my mum liked.
thanks
the thing is my nan done a will, and my mum died before my nan did. so my mums sister was left in charge to sort it out. in the will my mum was given �10,000, but because she died before my nan it was shared out between 7 children which was me and my brothers. but we were only given �1,000 each. also my dad should of been given �2,000 as it was stated in the will, but he didnt even get a penny. as far as my auntie is concerned we havent seen a copy of the will, and she stated to us in a letter that she has divided our mums money out (that was going to go to her) as that is what our nans wish was. but she hasnt. does she by law have to give what the will states and not what she wants, as thats the point of wills isnt???, plz help as sadly my mums side of the family dont want to know us and now that we saw a copy of the will we can see that our nan didnt love our mum much even though she done all the running around, as our auntie got 4 times that amount plus stock and shares. we want to know as we want to take it further so that our mum can have a bit of respect and we will be given the money to charity that my mum liked.
thanks
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I am not sure whether you are saying that the wishes of your Nan's will have not been met, or whether the way she divided her estate in her will was not appropriate.
Dealing with the first issue, since your mum died before your nan, any bequests made to your mum are shared equally between all of your mum's children (section 33 of the Wills Act 1837). It is the job of the executor (your aunt) to make sure this is done. If you believe it has not been done you can apply to the High Court to have the executor removed, but in the first instance, contact the Probate Registrar (to whom your aunt applied) for free advice. Your aunt had to apply for probate to be able to deal with your nan's estate.
If it is generally agreed by ALL the beneficiaries that the will is unfair in its distribution, it is possible to enter into a 'post-death' variation. But this does not seem to be the case here.
If it is just one party maintaining that the will was unfair in its distribution, it is possible to take the dispute to court. In the first instance you should take legal advice with a solicitor. One has to file a claim within 6 months of the Grant of Probate to the executor, and any claims are limited to the spouse of the deceased, a former spouse, a cohabiting partner, a child or stepchild of the deceased, or a person being maintained by the deceased. On that basis, you and your brothers and sisters would not seem to have a claim, and you may already be out of time. Hence the need to ask a solicitor.
Dealing with the first issue, since your mum died before your nan, any bequests made to your mum are shared equally between all of your mum's children (section 33 of the Wills Act 1837). It is the job of the executor (your aunt) to make sure this is done. If you believe it has not been done you can apply to the High Court to have the executor removed, but in the first instance, contact the Probate Registrar (to whom your aunt applied) for free advice. Your aunt had to apply for probate to be able to deal with your nan's estate.
If it is generally agreed by ALL the beneficiaries that the will is unfair in its distribution, it is possible to enter into a 'post-death' variation. But this does not seem to be the case here.
If it is just one party maintaining that the will was unfair in its distribution, it is possible to take the dispute to court. In the first instance you should take legal advice with a solicitor. One has to file a claim within 6 months of the Grant of Probate to the executor, and any claims are limited to the spouse of the deceased, a former spouse, a cohabiting partner, a child or stepchild of the deceased, or a person being maintained by the deceased. On that basis, you and your brothers and sisters would not seem to have a claim, and you may already be out of time. Hence the need to ask a solicitor.
Based on previous answer the �10000 should be shared between 7 grandchildren ut you only got a total of �7000. Executors can take expenses so maybe your aunt took the other �3000 as expenses (seems high). What are you asking for- for the other �3000 to be shared out?
I'm puzzled by your comment about your mum getting some more respect. It was up to your Nan how much she left everyone. If she chose to leave your aunt more than she left your mum there's nothing you can do. This happens all the time with wills. Maybe she had given your mum money before she died or felt your aunt dieserved more- but it doesn't matter why and there's nothing you can do about that. Your mum has your respect and that's the main thing.
I'm puzzled by your comment about your mum getting some more respect. It was up to your Nan how much she left everyone. If she chose to leave your aunt more than she left your mum there's nothing you can do. This happens all the time with wills. Maybe she had given your mum money before she died or felt your aunt dieserved more- but it doesn't matter why and there's nothing you can do about that. Your mum has your respect and that's the main thing.
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