Beneficiaries altering a will?

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wstn_promise

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If two siblings receive unequal shares in estate, eg one is left two-thirds and the other one-third, can they agree to make it 50% each? Or is that an inter vivos gift of 17% of the estate value from one to the other?
 
I believe you can do what you suggest, do you not have a solicitor dealing with the probate?
 
I know a family where the will was revoked. The father had died and left €100,000 to each grandchild which would have been heavily taxed. So all parties agreed to the change. The grandchildren's mothers ie. the deceased daughters inherited the money from their dad and then gave it to their children.
 
Emeralds I think what you mean is that the grandchildren declined the inheritence, so it went to the Father's children, including one of whom was already deceased, daughter and her share went then directly to her children, the grandchildren of the father.
 
Yes the grandchildren declined their inheritance. It went to their mothers. One of the mothers had 3 of the grandchildren, another one had two and the other one has no children. So mother 1 got €300,000 and mother 2 got €200,000. Childless daughter got nothing. Mother1 then gave each of her children €100,000 and mother2 did the same.
 
I would have thought it would have to be divided equally to the daughters (regardless of the number of children), as if there had been no will?

S.
 
This was covered some time ago, but I can't find the thread.

The 1/3rd person initiates a formal legal challenge to the will.
They agree a settlement i.e. split it 50/50 and discontinue the legal challenge.
They each receive the money from their parent and benefit from the higher CAT thresholds.

A solicitor will sort this out for you.
 
Hi wstn

I see from your other posts that you are based in the UK.

This is an Irish website and so the law and practice may well be different.

Brendan
 
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