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Clare
Clare, Solicitor
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My mothers will left everything to my sister & I after some

Resolved Question:

My mother's will left everything to my sister & I after some minor beneficiaries to my late brother's children & others. My sister is considering a Deed of Variation to split her half with my brother's children. I am horrified by her suggestion which goes against my mother's stated wishes both as written into the will & discussed with me when I queried her decision when she was alive. Mum felt that as the children did not respect their late father there was no reason for them to benefit from him via her will. Clearly what my sister does with her share is entirely up to her but I am disgusted that she seeks to rewrite into my mother's will a situation which was so totally against what she wanted. I consider it totally disrespectful to my mother (We are Jewish so this is, in my opinion, a sin against the commandments). Would my consent to the Deed be needed? My sister says she does not want the children to see the money coming to them from her bank account. They have already received the small amounts mum did leave them so they are fully aware that mum did not leave them anything so I don't understand her attitude. My sister & I are joint executors.
Submitted: 1 year ago.
Category: UK Law
Expert:  Joanne M replied 1 year ago.
Hello.

When was the will written?
Expert:  Clare replied 1 year ago.
HI
Your Sister cannot complete a Deed of Variation without your agreement and you are fully entitled to withhold that consent since you feel so strongly about it
However she is entitled to direct that her inheritance is paid to whomsoever she things fit and you can do nothing to prevent that I am afraid
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 1 year ago.


But would that be changing the actual will as it stands or would it just be a distribution of her share?

Expert:  Clare replied 1 year ago.
Hi
Even a Deed of Variation does not actually Change the Written Will - it just re-distributes the assets in a different way.
However as I said this cannot be done without your agreement.
Your sister can however direct that her share is paid in any way she chooses
Claire
Clare, Solicitor
Category: UK Law
Satisfied Customers: 29062
Experience: family solictor with 25 years experience
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Clare
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family solictor with 25 years experience