baby born after the death of the will-maker - are they included

Reply Thu 27 Jan, 2011 06:05 am
My father died early last year, leaving the proceeds of his flat to be divided amongst the family. This has yet to be done (the other co-executor is currently living there and is slow to move out).

One of the provisions was to leave £1000 to each of the grandchildren/great grandchildren. At the time of his death that was 7 individuals. Now I learn that my niece is pregnant and I would like it clarified if the new child has to be included in the settlement.

My understanding is that the beneficiaries can only be those who were 'in existence' at the time of my my father's death. Am I correct?

I'm asking because I want to know what the
legal facts
are and to avoid unnecessary squabbling......

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Type: Question • Score: 4 • Views: 1,894 • Replies: 6

Reply Thu 27 Jan, 2011 08:45 am
I've always seen the term "living heirs" at the time of the death.

Think about it: just when would this stop?

You could be awarding the in-womb or even a twinkle in someone's eye.
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Reply Thu 27 Jan, 2011 09:06 am
It obviously depends on the exact wording in your father's will as to the specific bequest to his heirs.
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Reply Thu 27 Jan, 2011 09:16 am
Thank you both. I'll double-check.
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Reply Thu 27 Jan, 2011 09:21 am
Exact wording is important.

Generosity by all parties will probably have the greatest impact on whether there will be 'squabbling'.
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Reply Thu 27 Jan, 2011 09:22 am
As Ticomaya said, it all depends on the wording of the will. As a general matter, a bequest of a specific sum of money "to each of my grandchildren and great-grandchildren" would go only to those descendants who were alive at the time of the testator's death, largely for the reasons Punkey described. There are, however, lots of different ways to leave money to people, so we'd need to see the exact language used in the will.
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Reply Thu 27 Jan, 2011 09:24 am
Hope I'm in it, too.
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