Q&A: It sounds like this uncle wants everyone to benefit but that’s not what the will actually says
However, my solicitor, after getting a counsel’s opinion, tells us we are legally entitled to an equal share of three-fifths of the estate along with all of my uncle’s nephews and nieces, which concurs with the article you wrote. However, the other solicitor has apparently applied to probate.
You’ve helpfully included a copy of your uncle’s will so I can see that, apart from two bequests of €10,000 each to each of the executors — your cousins — the rest of the estate falls into the residue. Under the terms of the will, this was to be divided between the three sisters living at the time the will was drawn up and the estates of two sisters who had previously died. I have anonymised their names for the sake of privacy, and have done similarly with the solicitors in question.
If this goes to court, the court only has the wording of the will to determine your uncle’s wishes. And, the wording of the will makes provision for the family of the two sisters who had already died by the time this will was drawn up but no such provision for the families of the three sisters still living.
In this case, that would mean that, after the two bequests to your cousins, the rest of the estate is divided according to the wills of deceased sisters D and E — or by the rules on intestacy if they had no wills. In any case, unless the wills of either of those two sisters made allowance for the children of their other sisters — A, B & C who had been living at the time this will was drawn up — then I do not think you will stand to benefit from the will.
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