NSW Definition of Grandchildren as Stated on Will?

[Rocklyn]

Hi,

My mother asked me to review her will to make sure it aligns to her intent. There is an item that states "'...and any other grandchildren born after the date of this will". This leads me to ask:

Q1 - Does the legal definition of " grandchildren" in estate planning include step-grandchilden?

Q2 - Does it also include great grandchildren?

Q3 - If the parents of any of these children are not in the will and the will does not include any details about holding funds in trust till adulthood, would the parents of these children effectively get access to the children's money?

Q4 - If some grandchildren are included by name and some are not, can they contest?

Notes:

There are no descendants at all dependent on my mother for care or financial needs. However the step-grandchild did live with her from age 3 to 7 but recently moved out.

 

[Rob Legat - SBPL]

There's no useful way to give you the answers with so little information. I suggest you post the whole clause (with names taken out).

 

[Tim W]

There's no useful way to give you the answers with so little information.

I agree.

I will add that, given what appears to be a complex back story,
doing this yourself is a bit like doing your own cardiac surgery....
Sure, you can do it, but you get the best results
when you get it done by somebody who actually knows what they're doing.

I most strongly suggest that your mother engage a solicitor for this work.

 

[Rocklyn]

Thanks for responding.

My mum did get a solicitor when it was done, she just asked me recently if i could read it and check that it's what she had intended and although she "doesn't really care" about this particular item as executor I do. I want to make sure i understand her intentions and also want to make sure it's water tight so i can avoid a giant headache. My mum doesn't want to engage a solicitor, she thinks it's will cost too much money and she can't afford it.

I would prefer to have a solicitor review it (and i would pay) but wasn't sure if i could take someone elses will and have it reviewed.

Happy to take any recommendations if you are allowed to provide them.

ps. I'm in sydney

 

[Rob Legat - SBPL]

I think you would be lucky to find a solicitor who is willing to review a will for someone who is not the testator. And, if you did, I would be sceptical of the quality of their advice.