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Topic Other Boards / Foo / The language of Wills?
- By Pinky Date 14.01.10 19:58 UTC
So where it say's in the Will

'I GIVE One Thousand Pounds to each grandchild namely (names of grandchildren) alive at my death upon attaing the age of eighteen years'

Am I right in thinking that each grandchild should receive this money shortly after the will has been proven and not have to wait until the 'Executrix' (wife of deceased) has passed away?
- By Tanya1989 [ru] Date 14.01.10 20:16 UTC
i would think once the grandkids turn 18 whether wife has passed or not
- By Pinky Date 14.01.10 20:41 UTC
The youngest grandchild is 19yrs and the oldest is 25yrs, but I'm told by the executors and trustees (on the passing of the executrix) that the grandchildren will not 'get their money until the executrix passes.

I feel almost sure that this is wrong and am concerned because two of the grandchildren (there are eight in total) are the children of the trustees.
- By Jeangenie [gb] Date 14.01.10 22:11 UTC

>Am I right in thinking that each grandchild should receive this money shortly after the will has been proven and not have to wait until the 'Executrix' (wife of deceased) has passed away?


You're right - the disposal of inheritances in a will are done when the will is proven, and not when anyone else has died. These inheritances, being a specified amount, would be paid before the widow received the remainder of the estate.
- By Harley Date 14.01.10 22:59 UTC
It might make a difference if any money or property is held in joint names between the deceased and their spouse/partner. If the money can only be obtained from sale of property that is jointly owned, and lived in, by a partner then that partner cannot be forced to sell the house to make that bequest. I believe the money due would only then be paid on the death of the second partner.

I believe that may also apply to money held in a joint bank account. I believe  it is only property and assets solely owned by the deceased that is used for specific bequests and not joint assets? Not totally sure on that but in view of some recent dealings a family member has had that could be the case.
- By Pinky Date 15.01.10 20:20 UTC
I do know that from reading the grant the gross value of the deceased's estate did not exceed £325.000 and that the net value does not exceed £127.000.

Does that mean that he has the right to do whatever he wishes with that estate or could it be linked to the spouses estate and therefore tied?

I also know that the property was in joint names, fully owned, no mortage and also a joint bank account was held, I do not know if the deceased had a personal/private bank account.

I am considering phoning the solicitors that helped the deceased with the will but am not sure if they would discuss this with me.
- By Lokis mum [gb] Date 15.01.10 20:55 UTC
You mention "trustees".   That would, in my view, mean that the testator created a Will Trust for his grandchildren. Quite often this occurs upon the death of the surviving spouse - everything having been left to his surviving spouse.   Upon the death of his spouse, the Will Trust is created.   It probably states "to my grandchildren who attain the age of 18 years......if any of them dies before me leaving child or children who attain the age of 18 years........"

It is a way of leaving money down through the generations.
- By Pinky Date 15.01.10 21:19 UTC

> "to my grandchildren who attain the age of 18 years.....


it actually says

'to each grandchild alive at my death upon attaining the age of eighteen years'

is that the same thing?
- By Lokis mum [gb] Date 15.01.10 21:22 UTC
Sort of.   The wording I quoted means that supposing Fred, Mary and John were the grandchildren of Albert who lived to be 101, and John died before Albert, but had little Timmy, little Timmy would get John's share of his grandfather's inheritance when he reached 18 years of age - so the Trust would continue for longer.
Topic Other Boards / Foo / The language of Wills?

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