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Post by Deleted on Jun 8, 2018 15:41:06 GMT
In the process of sorting out my life and as part of that I've written a new (draft) will.
Once in the solicitors hand it contains the following clause;
The provisions of Section 33 of the Wills Act 1837 shall not apply to the provision of this clause
Anyone care to put this in English for me.
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Post by Telemachus on Jun 8, 2018 16:22:37 GMT
In the process of sorting out my life and as part of that I've written a new (draft) will.
Once in the solicitors hand it contains the following clause;
The provisions of Section 33 of the Wills Act 1837 shall not apply to the provision of this clause
Anyone care to put this in English for me.
One for Dyertribe I think. But it’s fairly simple - you have obviously specified a different process for if a person you are leaving stuff to in your will, dies before you. www.sleeblackwell.co.uk/legal-articles/when-a-beneficiary-dies-before-the-testator
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Post by patty on Jun 8, 2018 16:27:06 GMT
In the process of sorting out my life and as part of that I've written a new (draft) will.
Once in the solicitors hand it contains the following clause;
The provisions of Section 33 of the Wills Act 1837 shall not apply to the provision of this clause
Anyone care to put this in English for me.
PM dyer tribe she knows everything about this stuff...shes sorted me out...
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Post by Deleted on Jun 8, 2018 16:43:16 GMT
In the process of sorting out my life and as part of that I've written a new (draft) will.
Once in the solicitors hand it contains the following clause;
The provisions of Section 33 of the Wills Act 1837 shall not apply to the provision of this clause
Anyone care to put this in English for me.
One for Dyertribe I think. But it’s fairly simple - you have obviously specified a different process for if a person you are leaving stuff to in your will, dies before you. www.sleeblackwell.co.uk/legal-articles/when-a-beneficiary-dies-before-the-testator<iframe style="position: absolute; width: 27.28px; height: 7.56px; z-index: -9999; border-style: none; left: 15px; top: -6px;" id="MoatPxIOPT0_54038272" scrolling="no" width="27.279999999999973" height="7.560000000000002"></iframe> <iframe style="position: absolute; width: 27.28px; height: 7.56px; z-index: -9999; border-style: none; left: 1283px; top: -6px;" id="MoatPxIOPT0_91661566" scrolling="no" width="27.279999999999973" height="7.560000000000002"></iframe> <iframe style="position: absolute; width: 27.28px; height: 7.56px; z-index: -9999; border-style: none; left: 15px; top: 315px;" id="MoatPxIOPT0_30828914" scrolling="no" width="27.279999999999973" height="7.560000000000002"></iframe> <iframe style="position: absolute; width: 27.28px; height: 7.56px; z-index: -9999; border-style: none; left: 1283px; top: 315px;" id="MoatPxIOPT0_93057653" scrolling="no" width="27.279999999999973" height="7.560000000000002"></iframe> I did have to look it up, I don't know much about legislation that was written nearly 200 years ago or whether there has been any amendments to the act. I just want my views to at least be written in plain english (I accept that they might also need to be interpreted into legalise). I thought the point of using solicitors to write wills was to ensure no confusion, well expecting me to understand a near 200 year old law without explaining my fairly simple wishes seems to me to open up a possible challenge to the will. I have sent a fairly strongly worded email to Slee Blackwell who have said they will look into it on Monday, fair enough but should I have put up with them suggesting that I sign a document without me having to read into 200 year old legislation.
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Post by Telemachus on Jun 8, 2018 16:47:00 GMT
But it does say that the section of that act shall NOT apply. So you don’t really need to know what it’s about! Wills have to be written in legalese as otherwise the clever solicitors of all those people you haven’t included in your will, will find loopholes for challenge.
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Post by Deleted on Jun 8, 2018 16:58:13 GMT
But it does say that the section of that act shall NOT apply. So you don’t really need to know what it’s about! Wills have to be written in legalese as otherwise the clever solicitors of all those people you haven’t included in your will, will find loopholes for challenge. <iframe style="position: absolute; width: 27.279999999999973px; height: 3.260000000000005px; z-index: -9999; border-style: none;left: 15px; top: -5px;" id="MoatPxIOPT0_15037180" scrolling="no" width="27.279999999999973" height="3.260000000000005"></iframe> <iframe style="position: absolute; width: 27.28px; height: 3.26px; z-index: -9999; border-style: none; left: 1300px; top: -5px;" id="MoatPxIOPT0_37842427" scrolling="no" width="27.279999999999973" height="3.260000000000005"></iframe> <iframe style="position: absolute; width: 27.28px; height: 3.26px; z-index: -9999; border-style: none; left: 15px; top: 104px;" id="MoatPxIOPT0_38320046" scrolling="no" width="27.279999999999973" height="3.260000000000005"></iframe> <iframe style="position: absolute; width: 27.28px; height: 3.26px; z-index: -9999; border-style: none; left: 1300px; top: 104px;" id="MoatPxIOPT0_82636044" scrolling="no" width="27.279999999999973" height="3.260000000000005"></iframe> But if I don't know what doesn't apply then there is a reasonable challenge. A simple explanation of my wishes would help to clarify things if there was a challenge. Just because an act doesn't apply you do need to understand what doesn't apply.
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Post by Deleted on Jun 8, 2018 17:12:05 GMT
When you're dead your worries stop. <iframe style="position: absolute; width: 27.279999999999973px; height: 4.599999999999994px; z-index: -9999; border-style: none;left: 15px; top: -5px;" id="MoatPxIOPT0_7947881" scrolling="no" width="27.279999999999973" height="4.599999999999994"></iframe> <iframe style="position: absolute; width: 27.28px; height: 4.6px; z-index: -9999; border-style: none; left: 1300px; top: -5px;" id="MoatPxIOPT0_54231501" scrolling="no" width="27.279999999999973" height="4.599999999999994"></iframe> <iframe style="position: absolute; width: 27.28px; height: 4.6px; z-index: -9999; border-style: none; left: 15px; top: 119px;" id="MoatPxIOPT0_80526143" scrolling="no" width="27.279999999999973" height="4.599999999999994"></iframe> <iframe style="position: absolute; width: 27.28px; height: 4.6px; z-index: -9999; border-style: none; left: 1300px; top: 119px;" id="MoatPxIOPT0_33793490" scrolling="no" width="27.279999999999973" height="4.599999999999994"></iframe> When I'm dead I'm gone.
I do care about those that I might leave behind though. Not something I dwell on but I do try to update things every 5 or 10 years.
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Post by Mr Stabby on Jun 8, 2018 17:21:07 GMT
As I say to my kids...
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Post by bodger on Jun 8, 2018 17:49:03 GMT
quote:
"Section 33(1) of the Wills Act states as follows:
.........................
This means that if a parent leaves their son/daughter a gift in a Will and that son/daughter dies before the parent, but leaving children of their own, then those children (the testator’s grandchildren) shall receive the share that would have gone to their parent.
Section 33 can be expressly excluded."
so it would seem you would only exclude these provisions if you have some reason not to pass any part of your estate to your grandchildren (other than any share you may already have specified).
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Post by Deleted on Jun 8, 2018 18:23:56 GMT
quote: "Section 33(1) of the Wills Act states as follows:
.........................
This means that if a parent leaves their son/daughter a gift in a Will and that son/daughter dies before the parent, but leaving children of their own, then those children (the testator’s grandchildren) shall receive the share that would have gone to their parent.
Section 33 can be expressly excluded."
so it would seem you would only exclude these provisions if you have some reason not to pass any part of your estate to your grandchildren (other than any share you may already have specified). <iframe style="position: absolute; width: 27.279999999999973px; height: 7.639999999999986px; z-index: -9999; border-style: none;left: 15px; top: -5px;" id="MoatPxIOPT0_93426400" scrolling="no" width="27.279999999999973" height="7.639999999999986"></iframe> <iframe style="position: absolute; width: 27.28px; height: 7.64px; z-index: -9999; border-style: none; left: 1283px; top: -5px;" id="MoatPxIOPT0_41947303" scrolling="no" width="27.279999999999973" height="7.639999999999986"></iframe> <iframe style="position: absolute; width: 27.28px; height: 7.64px; z-index: -9999; border-style: none; left: 15px; top: 319px;" id="MoatPxIOPT0_96463631" scrolling="no" width="27.279999999999973" height="7.639999999999986"></iframe> <iframe style="position: absolute; width: 27.28px; height: 7.64px; z-index: -9999; border-style: none; left: 1283px; top: 319px;" id="MoatPxIOPT0_65470795" scrolling="no" width="27.279999999999973" height="7.639999999999986"></iframe> So as I have no children or grandchildren the clause is bollox and does not mean my views have been interpreted correctly. That is if your interpretation is correct! However if I said, if one of my brothers died before me I wanted his share to go to the other brother and not the deceased brothers children, then I think most would understand the gist of my request!
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Post by dyertribe on Jun 8, 2018 18:55:08 GMT
In the process of sorting out my life and as part of that I've written a new (draft) will.
Once in the solicitors hand it contains the following clause;
The provisions of Section 33 of the Wills Act 1837 shall not apply to the provision of this clause
Anyone care to put this in English for me.
Should have come to me, I’d have explained it! Our wills provide a “plain English” summary which explains these things. Section 3 of the Wills act assumes that if you leave something to your child (A) and they die before you then you want your grandchild (child of A) to inherit. If this is not the case then Section 33 needs to be excluded so that the child of A cannot claim his parent’s share contrary to the testator’s wishes.
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Post by Deleted on Jun 8, 2018 19:04:32 GMT
In the process of sorting out my life and as part of that I've written a new (draft) will.
Once in the solicitors hand it contains the following clause;
The provisions of Section 33 of the Wills Act 1837 shall not apply to the provision of this clause
Anyone care to put this in English for me.
Should have come to me, Possibly. However the rest of your post doesn't make sense to me. I don't have children!
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Post by dyertribe on Jun 8, 2018 19:09:49 GMT
You may want to carry this conversation on by PM. If you explain who you are leaving what to, i will be able to explain better
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Post by dyertribe on Jun 8, 2018 19:20:22 GMT
In the process of sorting out my life and as part of that I've written a new (draft) will.
Once in the solicitors hand it contains the following clause;
The provisions of Section 33 of the Wills Act 1837 shall not apply to the provision of this clause
Anyone care to put this in English for me.
PM dyer tribe she knows everything about this stuff...shes sorted me out... Thanks for the compliment! I would never have mentioned you had used us, client confidentiality and all that.
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Post by Deleted on Jun 8, 2018 19:24:16 GMT
In my eyes it is quite simple. Two brothers both get equal shares, if one dies then the other gets it all - ignore their children. No one else involved. If both brothers die before me then I really can't be bothered about what happens. I thought that was simple but I'm being asked to sign a document that the only reference to what happens if one brother dies before me is a law that seems complex and very open to misinterpretation (mainly because it could be argued whether I understood it).
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