Inheritance Advice

[forevermancity]

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[Mr Kobayashi]

Apologies for the bump but just looking for some advice. My deceased single parent died a few years ago and my grandad wrote his share the of will to go to his other surviving sons effectively giving me nothing. Bit of a kick in the teeth but that’s life. He signed the amendments with one of the executors witnessing but failing to sign himself. A codacil wasn’t requested or signed. Anyone know where I stand?

If the witness is still alive a signed affidavit can be obtained.

If the witness is a beneficiary of the will/codacil they wouldn't have been able to be a valid witness anyway.

 

[uwerosler28]

Apologies for the bump but just looking for some advice. My deceased single parent died a few years ago and my grandad wrote his share the of will to go to his other surviving sons effectively giving me nothing. Bit of a kick in the teeth but that’s life. He signed the amendments with one of the executors witnessing but failing to sign himself. A codacil wasn’t requested or signed. Anyone know where I stand?

Stick with his obvious wishes, even if there is some legal loophole that could be exploited.

 

[halfmist]

Stick with his obvious wishes, even if there is some legal loophole that could be exploited.

Spot on . There is often a reason things pan out as they do. If surviving relatives had the power to change things, there would be no point in making a Will.

 

[Mr Kobayashi]

Stick with his obvious wishes, even if there is some legal loophole that could be exploited.

It's not a loophole as such. If the codicil or amendment isn't valid then the executors don't have the legal authority to use it as instructions.

 

[denislawsbackheel]

Spot on . There is often a reason things pan out as they do. If surviving relatives had the power to change things, there would be no point in making a Will.

Beneficiaries are allowed to change the terms of a will through a deed of variation within two years of the death.

 

[denislawsbackheel]

Apologies for the bump but just looking for some advice. My deceased single parent died a few years ago and my grandad wrote his share the of will to go to his other surviving sons effectively giving me nothing. Bit of a kick in the teeth but that’s life. He signed the amendments with one of the executors witnessing but failing to sign himself. A codacil wasn’t requested or signed. Anyone know where I stand?

OP were you a named beneficiary in the original will?
If not I don’t think you can do anything.

 

[forevermancity]

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[halfmist]

M

Beneficiaries are allowed to change the terms of a will through a deed of variation within two years of the death.

Thats as maybe But your missing an important point, that is providing the beneficiaries AGREE
to do so. That’s where the problem lies.
Likewise, but equally as irrelevant, a beneficiary cannot be forced to accept their inheritance.

 

[denislawsbackheel]

I get a flat fee as a grandchild

There is a part in the will that says

To pay the rest and residue of my estate ('my residuary estate') to such of my aforesaid sons xx
Xx and xx
Xx, Xx and xx as shall survive me provided that if any Child of mine shall die before attaining a vested interest leaving a Child or Children him or her surviving (meaning in either case a Grandchild or Grandchildren of mine) then such last mentioned Child or Children shall take by substitution and if more than one in equal shares the share of my Estate which his/her or their parent would have taken if he/she had attained a vested interest PROVIDED ALWAYS that such grandchild is still alive.

My father was crossed out but not signed by grandfather

Any action you can take will of course be against the executors who are personally responsible for carrying out their duties to the letter of the law, and not whoever received the bequests.