My father died leaving 40/40/20 split between 3 siblings including myself. My mother is also deceased and there are no other siblings.
We want the estate to be split equally between us. The solicitor has advised that we sign a disclaimer saying that 'none of the parties has accepted the said devise and bequest' and also 'nothing in this disclaimer operates as a disclaimer of any share which the disclaiming party may be entitled to on an intestancy of the Deceased'
What the solicitor is saying is that this effectively brings it back to intestancy and that the 3 of us will then receive an equal split under intestancy law.
I am just a bit concerned that if we are saying we do not want anything under the terms of the will that the estate could then be given to the grandchildren.
Does anybody see a problem with this?
We want the estate to be split equally between us. The solicitor has advised that we sign a disclaimer saying that 'none of the parties has accepted the said devise and bequest' and also 'nothing in this disclaimer operates as a disclaimer of any share which the disclaiming party may be entitled to on an intestancy of the Deceased'
What the solicitor is saying is that this effectively brings it back to intestancy and that the 3 of us will then receive an equal split under intestancy law.
I am just a bit concerned that if we are saying we do not want anything under the terms of the will that the estate could then be given to the grandchildren.
Does anybody see a problem with this?