Will Clarity Means Grandchildren Denied Inheritance

05/09/2013

When the wording of a will is clear, the likelihood of a challenge is much reduced and a recent case illustrates the point.

The will in question gave the testator’s (the word for the person who writes a will)  estate to a woman’s the three children, but bore the words ‘as shall survive me and if more than one in equal shares absolutely’.

The requirement that the estate was to be distributed to the children who survived her meant that when one of her children predeceased her, the children of the deceased child had no right to inherit their own mother’s ‘share’.

The court will interpret your will to mean what it says, even if the result may appear ‘unfair’. It is therefore essential to make sure your will is professionally drafted to give the precise effect to your wishes.

For advice on all aspects of wills and estate planning, contact us.