Wills And Bequests

[linnyb]

My uncle has recently passed away and his wills states that it should be distributed equally between all his nephews and nieces.
Uncle Fred was married to my mum's sister who passed away 12 years ago.
Thanks

[woofgang]

so what is your question?

[linnyb]

Am I classified as being a niece?

[Jackdaw33]

I may be wrong but I think the OP may be asking if she qualifies, being a niece by marriage rather than by blood.

[frugalfred]

Yes

[linnyb]

What does op mean jackdaw33 (sorry I haven't posted a question before)?

[Jackdaw33]

Either original poster or original post. Here it is the former.

[frugalfred]

Original Poster

[linnyb]

Thanks for clarifying.
Does anyone know if I am classified as a niece?
Thanks

[Jackdaw33]

frugalfred says yes. I would say yes. Barmaid, if she is around, will give the definitive answer.

[Neveracrossword]

The legal dictionary I checked said you are not classed as Uncle Fred's niece - his nieces and nephews would be the offspring/children of his brothers and sisters.

[linnyb]

Barmaid are you around and able to answer my question?
Thanks

[Jackdaw33]

Interesting answer from Neveracrossword. It does make sense but I have never met this problem before.

[paul1763]

does that mean i've got 1 uncle and his wife and 2 aunties and their husbands?

[Barmaid]

It is impossible for anyone to answer the question. Generally speaking, the words "nephews and nieces" in a Will refer to blood relations only. So on that basis no. But it will depend on the precise wording and also the situation. There have been some decided cases where this description included relations by marriage in addition to those by blood.

I would suggest you take legal advice.

[linnyb]

We have taken some legal advise who say what you do but they also said what was 'the intent' of the person.
Do you know what circumstances they did allow?
I am grateful for your response.

[Barmaid]

Not strictly correct - the intent is not that in the mind of the testator but that expressed in the words and form of the Will.

A good example is a case called Re Daoust where the testator left the residue to his nephews and nieces but had only one blood nephew and no blood nieces. It was held that the nephew by blood and the nieces by marriage took.

[linnyb]

Will look at wording and post late with exact words of will.
Thank you.

[Barmaid]

I think you are best off going to see an expert in this field. It is not just the terms of the Will that matter and there a few other things to be considered. You cannot replicate getting good legal advice by posting snippets on a website.

[Peter Pedant]

I thought you took being second guessed very well Bam Bam

how are you by the way