wills

[flowerpower6]

a will is written...few years later a new grandchild is born.. the writer of the will dies without updating will to include new grandchild. other grandchildren named as beneficiaries to inherihit a large amount. my brother and i are executors to our dads will. is it possible for my year old son to inherit the same as the others as he wasnt intentionally left out of the will... and what could i do if my brother doesnt agree to it?

[Barmaid]

I think it unlikely that your son will inherit. However the PRECISE wording is necessary to know whether the "class closing rules" kick in.

I am assuming that some of the grandchildren beneficiaries are under 18. If they share in residue, it won't just be a case of your brother agreeing, you will need to make an application to court under the Variation of Trusts Act 1958, since adding a further beneficiary will reduce their share. However, if the other grandchildren get a pecuniary legacy (eg �1,000), you could ask the residuary beneficiaries if they agree to the additional legacy being paid to your son. There is no way you can compel them to though.

[flowerpower6]

thanks for your reply, however i have read a lot on the net about something called a 'pretermitted child' which means a child or descendent of the deceased who is ommitted from a will unintentionally has rights to inherit.... it is a very large amount and i want my son to get a share which was what my dad wanted however died suddenly.

[Barmaid]

Are you in the UK?

As I say, if you give me the exact wording, I can give you a much clearer answer. (And beware the information you get on the net!!!!!)

[flowerpower6]

yes uk.. i leave X amount to my 4 grandchildren (followed by their full names). unfortunately, he didnt add the words ' and any others born later' or whatever.... my brother said from the start that i had nothing to be concerned about as 'it goes without saying' he would get the same share, by adding his name by deed of variation.....however, now the bills and debts are mounting, looks like someone has changed his mind.....

[itsypip123]

Hi,
I had the same problem - I was pregnant with my son, engaged but unmarried to the father.
The will stated any blood relative with the name xxx (surname) would inherit (again, like you it was a huge amount of money) and just because my now husband and I were not yet married - the wedding was a few months after the lady died, our baby did not inherit a penny.
The rest of the family said they would look after our son's interests and 'make it right' - again, like you nothing has happened, not even a provision in his grannies will - when it comes to money don't trust anyone to do the right thing morally because they won't - fight for it - even if you hurt your relatives feelings, they would do it for their kids!
Life isn't fair.

[bednobs]

well to be fair the dad could easily have added a codicil to his will!

[flowerpower6]

thanks itsypip123 for your answer - yes i was told the right thing would be done!! but money is more important to some people..you really find out what your close relatives are like. im very angry and upset and disappointed and i will fight all the way..i may not get anywhere, but i tried for my son.

[bednobs]

Hiya again flowerpower. You are right that money is mre important to some, but may i respectfully suggest that perhaps you are one of those "some"? or acting like it. You say you are going to "fight all the way" and that you are angry and upset, - this issue over money seems to be bringing out the worst in you, and making you upset with your family - is it worth it? Surely fighting with your brother over this issue is the last thing your dad would have wanted? Would it not just be best to think of your family relationships first (which is exactly what you are advocating your brother does) Perhaps you could be the bigger person? Perhaps the "right thing" would be to comply with the terms of the will Sorry i know this answer probably isnt what you want to hear but as an alternative viewpoint it is perhaps worth considering?