My grandparents died after my father, when my grandparent both died I was 17-the only will found named my aunt and father would get all assets 50% - 50% split. But my father was dead at this time so my aunt took it all, do I have a claim to my fathers part of the money?
Thanks

It really depends on the exact wording of your grandparents' wills (actually the wording of whichever grandparent was the last to pass away). It is common for people to specify in their wills that they want to pass their assets to their offspring "per stirpes" or "per capita," which basically means that if the named offspring predeceases the person then that portion of the assets pass to the next generation. But if the will doesn't specify this, but rather just names your father and aunt as heirs to share equally, then you have a problem, as under this condition the assets are split only among living heirs. So - what does the will actually say?

Ok well I will have to get a look at it, there was always an understanding a new will had been written after my fathers death which was never found, I don't know if my grandfather updated it further after my grandmother died in the 8-10months he lived for before he died. I did discover there was a break in at the house whilst he was in hospital in his last days, only papers were disturbed and there was no forced entry-all I do know is the will found pre dated my birth and fathers death. At the time I was a kid so didn't understand what the situation was but now feel I want to try for my brother and fathers sake as I can't imagine my grandad who was so regimented and organised being a para in ww2 letting thing be anything but organised for any outcome. I know it's what you can prove and facts stated so I guess my next step is to see a copy of the will - the wording etc.. I assume I need to track down the solicitors and barristers that were involved to get a copy.
Thank you very much for your reply, it's greatly appreciated.

If you know who his solicitor was then perhaps you can track down a copy of the will. Not sure about the laws where you live but here in the US the probate of an estate is public information - is there a county clerk's office you can call to find out whether the will was properly probated and how toi get a copy? But first - have you asked your aunt about it? Also, how long ago did your grandfather pass away?

As for the original will predating your birth -- I can tell you that a well-written will would cover the possibility of there being children who have their own children. When I had my will drawn up when I first got maried - long before we had any children - I included a provision for passing my estate to any offspring I might have "per stirpes" in case my wife pre-deceased me.

I'm in the uk so I will see if it's available at the council office for the area, I have a feeling the will in question was drawn up in the late 60s or early 70s and obviously I wonder what common practices were used or changed over the years? I will make a call to the council my next stop. If it is stating only to living relatives can I not try argue a case of it would have been and probably was amended after my fathers death?

The only way to argue that the will as probated was not the latest will is to find a copy of a newer will or at least a witness who has 1st hand knowledge of a newer will. You can't argue "well, he should have drawn up a new will, so let's just pretend he did, and let's asssume that such a will would have included me." When trying to understand the wishes of the deceased the will is definitive, as it is the only instrument that clearly describes exactly what the decedant wanted. So you need to see what the will actually says - your council ought to be able to get a copy of it.

Yes ebaines thanks, I will go to the council, discover the area/division of it where I can obtain a copy. Are the originals kept by the council and anyone requesting a will get a copy?
I know it's definitive a will details the deceased wishes etc, just one last question -
Are wills in the UK made or must be made with witnesses? I just wish it was all kept in a safety deposit box or with a solicitor, not at the home where persons with motive had access. I was just not old enough to understand the process and how people really are and can be.
Thanks again.

Quote:

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Originally Posted by fmcl34

Yes ebaines thanks, I will go to the council, discover the area/division of it where i can obtain a copy. Are the originals kept by the council and anyone requesting a will get a copy?
I know it's definitive a will details the deceased wishes etc, just one last question -
Are wills in the UK made or must be made with witnesses? I just wish it was all kept in a safety deposit box or with a solicitor, not at the home where persons with motive had access. I was just not old enough to understand the process and how people really are and can be.
Thanks again.

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Yes, apparently the will must have two witnesses.

Looks like most of your questions are answered here.