Need advice regarding Inheritance Act
Discussion
Are there any solicitors or other experienced people on here who could provide some quick advice regarding the Inheritance Act?
Quick outline of issue: 16 months after death, 12 months after grant of probate
Oldest child named in will as sole beneficiary, two other children yet not born at the time of making the will, but it never got updated.
Whole family incl beneficiary and their guardian agree that the estate should be shared 3 ways. The 3 kids all have different guardians, and all are under 16.
We sought independant advice regarding making a claim under the Inheritance Act before the 6 month deadline was up, but was told to expect costs of about £10k and that a deed of variation would be more cost effective.
New solicitor for the estate has now hinted that the family should still make a claim under the Inheritance Act and that the deed of variation is the less preferable option ("The Courts will take into account the fact that any claims under the Inheritance act are being compromised. Both x and x have claims under the Inheritance Act as they are children of your late sister. Regretably, therefore the way forward will be as follows ...").
I will ask the solicitor to clarify what she meant next week, but in the meantime I would appreciate translation of what she's written or any other advice that can be offered.
Quick outline of issue: 16 months after death, 12 months after grant of probate
Oldest child named in will as sole beneficiary, two other children yet not born at the time of making the will, but it never got updated.
Whole family incl beneficiary and their guardian agree that the estate should be shared 3 ways. The 3 kids all have different guardians, and all are under 16.
We sought independant advice regarding making a claim under the Inheritance Act before the 6 month deadline was up, but was told to expect costs of about £10k and that a deed of variation would be more cost effective.
New solicitor for the estate has now hinted that the family should still make a claim under the Inheritance Act and that the deed of variation is the less preferable option ("The Courts will take into account the fact that any claims under the Inheritance act are being compromised. Both x and x have claims under the Inheritance Act as they are children of your late sister. Regretably, therefore the way forward will be as follows ...").
I will ask the solicitor to clarify what she meant next week, but in the meantime I would appreciate translation of what she's written or any other advice that can be offered.
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