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Up dating a Will

by retireat60 31 January 2011 |

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My Father has left his estate to my brother and myself equally. He is 87 and reasonably healthy. Could I ask that my share go directly to my children, rather than to me? The estate is less than £200.000 and maybe less if he needs care.
Thanks for any comments.

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824

MikeGG1 posted
You could, provided that it wouldn't offend him. He could re-write his will or add a codicil which changes where your portion goes.
Alternatively, you can wait until he dies and then have a 'Family Arrangement' which effectively achieves the same purpose. That would seem to be doing it behind his back even though he would no longer be around.
I think it is better to talk to him about it. I am sure he will be amenable.
Mike
Posted on 31 January 2011 | Love 1 love Report
159

JoeEasedale posted
I agree that it would be better to talk about it to him whilst he is alive. Whilst as Mike says, the beneficiaries can be changed after death, I always feel that to do so is a mark of disrespect as a will is someones last chance to do what they want with their property.
Not too many folks seem to feel this though.
Posted on 31 January 2011 | Love 1 love Report
7

retireat60 posted
Thanks. Yes I fully intend asking him and would not want to offend him!
I just wanted to know if it is possible to do. I thought it may be a codicil.
J
Posted on 31 January 2011 | Love 0 loves Report
824

MikeGG1 posted
If it is a simple will, like half each to 2 children then he might as well do a new will, like half to child 1 and the other half split equally between the children of child 2.
If it is a more complicated will then a codicil would be simpler. That would simply redirect child 2's portion to the children of child 2.
However, I would talk to your brother about it first, if he has any children. It might be that he has been thinking along similar lines. In which case, it could all be done at the same time.
The problem would come if you and your brother have different numbers of children, Say you have 2 and your brother has 3, giving the same to each grandchild only results in 40% to your children and 60% to his children.
It would need to be phrased something like half equally between the children of child 1 and half equally between the children of child 2.
Mike
Posted on 31 January 2011 | Love 1 love Report
7

retireat60 posted
Thanks.
My brother will not want to do this.
Your comments have been really helpfull.
J
Posted on 01 February 2011 | Love 1 love Report