Ungrateful nieces querying grandfather's will

My mother left everything to be split equally between all her offspring even though her care in the last few years fell mainly on my shoulders and some of my siblings had no involvement whatsoever. However it was what she wanted and I wouldn’t have had it any other way.
This case does seem very unfair to me and I agree with Callistemon21, though the whole thing hangs on whether the father was unduly influenced and was of sound mind.

M0nica

So much of this thread is based on concepts of 'fairness'

Where is it stated anywhere in our legislation that wills should be 'fair' and who should decide what is fair and what is not?

The will and admin have all been done correctly.

I ask again, where does fairness come into it?

The will and admin have all been done correctly.

We're only hearing one side of the story.
So there is no point in us giving our opinion, in fact.

I ask again, where does fairness come into it?
We can only go by what we would do ourselves.

So much of this thread is based on concepts of 'fairness'

Where is it stated anywhere in our legislation that wills should be 'fair' and who should decide what is fair and what is not?

The will and admin have all been done correctly.

I ask again, where does fairness come into it?

I know you will all say it’s ‘my’ money and I can do what I want with it but in France you cannot cut the blood line unless something dreadful has happened.
The question remains what on earth happened for the Father to cut out his son’s daughters.
Some grandchildren need a nudge to visit family members and maybe after their father’s death they found themselves in a difficult situation.

Sorry I don’t think you can or should assume that the other grandchildren will inherit eventually Enid.

All sorts of things might happen including the money needing to be spent on her own care needs. In any case, the inheritance could be years away.

Just think.

100,000

All grandchildren get £10,000

60,000 left over

daughter gets 30,000

Two grandchildren get an additional 15,000 each
Result they get 25,000

The other grandchildren get £10,000

How is that fair?

The moral I think is to spend your own money on enjoying and looking after yourself?

I do not see why we need to know any side of the story. There is a will, which we understand is clear and legal and some of the beneficiaries are upset that more did not come their way, and to an extent, in this case I can understand how they feel.

But at the end of the day the deceased was free to leave the whole lot to a cats home had he chosen. The will he left has been properly drawn up and the executor has administered it correctly.

Those that lost out may be unhappy about it, but there is nothing they can do about it. They should just have a moan between themselves and then get on with their lives.

Lathyrus

Lathyrus

Hang on. If she gave each grandchild 10% and then split the remainder 50/50 then the nieces would get loads more (can’t do the percentage maths but loads) than the other grandchildren. How is that fair?

I suppose to be strictly fair you should say there are five beneficiaries and split it five ways.

But clearly the OP has been impart of her fathers life and the brothers family haven’t bothered. Fair is as fair does?

I was talking about Enid101s post.

10% each and then split the rest.

I can see why people think it should be 50/50 but truly I don’t see why people who cared nothing about him should get anything.

It’s ‘fair’ as one might assume they will eventually inherit from the OP too. This has been taken away from the nieces.

As others have said we only know one side of the story but I think it’s a great shame the deceased brother’s side of the family is being treated in this way. I wonder how the OP felt about her brother? Just seems a bit grubby to me.

Janna didn’t say if the prior will named her late brother as an equal beneficiary or that her father didn’t recognise other people in the photos. Too little to base all the judgements on but perhaps much more information would make her recognisable.

Interesting how people judge on their own circumstances but surely the father is free to leave his money to whoever he chooses.

The signing of the will has to be witnessed so, presumably, the only beef the granddaughters could have would be if there were inconsistencies with this.

I am so sorry you are having to deal with disgruntled nieces after loosing your father and your brother not so long ago, as well.

Your legal duty is to carry out the instructions in your father's will and only that. You know that, so try to do just that.

You do not say whether your father wrote his will himself and had it properly witnessed, or whether a solicitor drew it up. If the latter, then the solicitor was bound to mention it, if he or she felt that your father was no longer competant to write or amend his will.

Sadly, few families inherit together without this sort of trouble, so please distribute the legacies according to the terms of the will and the copies of the will and try not to let these youngsters upset you, more than they already have.

One way of leaving grandchildren something without causing too much hassle is to specify a percentage of the estate to be divided between all grandchildren. That should cover all eventualities.

Witzend
My mother left certain sums to each of her grandchildren and great grandchildren, but by the time she died, after many years of dementia, there were 2 more great grandchildren who had not been named.

When we updated our wills recently, the solicitor suggested that we leave specific amounts to each of the grandchildren by name, before dividing the rest between our AC - she said how nice it was for grandchildren to find they were thought of and named in the will. I was very nearly persuaded, but it’s a good job we didn’t go along with this, as a year later we were introduced to the “extra” grandson we were told we’d never have. I suppose the solicitor would have been quids in though, with another amendment to sort out.

We also wondered what would happen if we’d spent up by the time we’d shuffled off this mortal coil, and there wasn’t enough left to fulfil the promises.

Callistemon21

We're only hearing one side of the story.

I think that's the crux of the matter Callistemon21.

There's always 2 (or more) sides to a story.

Like others, I've had personal experience of Will 'problems' but it's not worth adding to all the other anecdotal evidence... so I'm bowing out - especially after reading your comment!

nadateturbe

^we can't possibly give any valid opinion.^

Well, you said quite a lot Dickens

... yes, I did.

But I didn't give an opinion on whether or not the OP was being 'reasonable' or 'unreasonable'.

Because without more information, I've no idea. Which was my point.

Callistemon21 my last post was a general observation, not meant specifically for the OP. That's always the case though on here isn't it, we only get one side of the story. I suppose we tend to accept or reject in accordance with our own lived experiences.

We're only hearing one side of the story.

I can see why people think it should be 50/50 but truly I don’t see why people who cared nothing about him should get anything. I agree.

Why is it some expect to inherit absolutely equal shares, yet so often didn't expect to share any burden of care for the deceased absolutely equally?
For many, maybe most, the equal shares for the children, and in the event one had already died, their share went to any children they'd had would be appropriate.
I can't understand people who had no contact with the deceased for years thinking it's their right to material gain after the death. If sharing a bloodline was unimportant while the person was alive, then it's equally unimportant once they've died.

Lathyrus

Hang on. If she gave each grandchild 10% and then split the remainder 50/50 then the nieces would get loads more (can’t do the percentage maths but loads) than the other grandchildren. How is that fair?

I suppose to be strictly fair you should say there are five beneficiaries and split it five ways.

But clearly the OP has been impart of her fathers life and the brothers family haven’t bothered. Fair is as fair does?

I was talking about Enid101s post.

10% each and then split the rest.

I can see why people think it should be 50/50 but truly I don’t see why people who cared nothing about him should get anything.

MissAdventure

What's the point of having a will if people are going to ignore it and do what they think?

That's lovely Gagajo
I'm glad you are reunited too.

MissAdventure I do agree but "of sound mind" is of prime importance.

tickingbird

Normally your late brothers share of your father’s estate would go to his offspring; therefore 25% each. Why did your father change his will after your brother died?

I must admit it could look like you encouraged him to do so and maybe that’s what your nieces are thinking.

I agree. It could very well be that the OPs father was really set against leaving his son's share of his assets to his granddaughters, and was determined, without any due influence from the OP, to ensure they didn't get it. However, it could also be that he was encouraged by the OP to change his Will, as she didn't think her nieces deserved their father's share. There are two sides to every story.

Callistemon21

Lathyrus

Hang on. If she gave each grandchild 10% and then split the remainder 50/50 then the nieces would get loads more (can’t do the percentage maths but loads) than the other grandchildren. How is that fair?

I suppose to be strictly fair you should say there are five beneficiaries and split it five ways.

But clearly the OP has been impart of her fathers life and the brothers family haven’t bothered. Fair is as fair does?

That's not what I said.

The fair way is this:
OP gets her share, the nieces get their father's share.
If OP want to make a variation she can do this and pass on her share to her own children. Or they get it when she dies.

Leaving money to grandchildren, great-grandchildren etc just makes a will unnecessarily complicated.

I don’t think it necessarily makes it more complicated, but that may depend on family goodwill - admittedly not always abundant when it comes to wills!

My mother left certain sums to each of her grandchildren and great grandchildren, but by the time she died, after many years of dementia, there were 2 more great grandchildren who had not been named.

But by general agreement, the main recipients’ shares were adjusted, to give the same to the new GGdcs. No big deal in this family.

I agree with Callistemon 21 I would be aggrieved if I was one of her nieces,( that they haven’t received their father’s share). However I do agree that as executor OP has to go with what’s in the will.

The father had an estate. He chose how to leave it. There were grandchildren who never visited so he didn’t even know what they looked like. If there had been no will, the daughter would have automatically inherited everything.
The daughter persuaded her father to increase the legacies from 5% to 10%. He didn’t want to give them any more.
Please stop criticising the OP.
It’s not her choice. She’s trying to fulfil her father’s wishes. It doesn’t matter what she feels/thinks about the neglectful relatives. By the law of inheritance they weren’t due anything.
The grandfather made his decisions.
I find it horrid that posters are criticising her for following her father’s wishes and instructing her to do things he didn’t want doing and that she has no obligation to do.
Not kind, sensible or useful advice at all.

Thanks Dickens - it’s now clear your user name is appropriate

What's the point of having a will if people are going to ignore it and do what they think?

I was left equal shares of the little my mother had left when she died. It was her wish, despite the fact that I had been, for the last few years, a s**t daughter to her . My brother is insisting on following my mothers wishes, BUT unbeknownst to Mum, my bro was in the middle of a huge health crisis at the time of her death.

I'm going to use my share of her money to buy something to help him with his mobility. I think she'd approve and I think she'd like the fact her death had brought the family closer together again