Advice on Deceased Relatives Will

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ash26

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My mums uncles passed before Xmas, he never married and his will has not been changed since 1975. They were 2 beneficiaries named one who is still alive (he is being left the house) and the other has passed (named to be given all monies ).

It had stated that if my gran aunt was no longer alive the next person all the monies would be left too is my grandmother....this is the problem.

My grandmother has been in a nursing home the last 4 years with severe Alzheimer's so does this mean that her next of kin ( my mum ) will be entitled to everything? There are also 15 other nieces and nephews so would they also come into it?

I would be very grateful if someone could shed some light on this!


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Would it not still go to your grandmother? Has she a will made, how many children does she have?
 
This is what we are not sure about as she isn't with it mentally, she does have a will made and has 3 children incl my mum.


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Don't think her being mentally ill would stop her getting anything. She will still get it and whatever she doesn't spend would be divided according to her will. Why should your mam get it and not your aunts and uncles
 
Would it not still go to your Grandmother and then when she dies won't it go according to her Will ?
 
Thanks for your replies, the reason they were saying that my mum would get it is because she is my grandmothers next of kin and so it would then be divided between her and her 2 brothers because of my grandmother being ill.

This is a very unexpected turn of events and they hadn't expected to even be part of the will i just wanted to get some views on it. The solicitor has now said he needs to bring the situation to the law council to make a decision, it will be interesting to see the outcome.
 
There is a solicitor involved in the matter, and he thinks a living beneficiary can be excluded? Bizarre. Your grandmother should inherit. If she is incapable of handling her affairs due to her illness, then the money should be held in trust for her benefit during her lifetime. On her death it can pass in accordance with her will (if she has made one) or according to the intestacy rules.

Is it possible that you misunderstood the solicitor? Might he have meant that he should set up a trust with the next of kin as trustees?
 
Hi Padraigb

Thank you for replying, my mother has not spoken directly with the solicitor all communication is being done between the solicitor and my mothers cousin who then contacted my mother and said that it was going to the law council, would she be entitled to ring the solicitor to talk about the situation?

There is only one next of kin as all my grandmothers brothers and sisters have already passed.
 
Yes of course she is entiled to ring the solicitor. However, refer to response by padraigb above. These funds must be held in trust for your grandmother and will only be passed on to other relatives (will/intestacy) upon her death.
 
"Yes of course she is entiled to ring the solicitor."

Actually, no. She is not entitled to ring the solicitor. The solicitor takes instructions from the executor who, presumably, is neither the grandmother or the mother and can only communicate with the executor and the beneficiaries. Now, grandmother is unwell but

A. Having Alzheimers is not a disqualification from inheriting
B. Grandmother gets inheritance and it is then part of her estate when she dies.
C. Technically, grandmother cannot give a receipt for the funds because of the Alzheimers

In practical terms, what happens is proper enquiries are made, and some sort of arrangement will be reached as to how the monies are administered for the grandmothers benefit.

mf
 
I would think your grandmother will get the money and when she dies, it passes to the beneficiaries of her estate
 
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