Legal Question in Wills and Trusts in Connecticut

Interpertation of a Will

In this Will, the third statement is as follows:

Third: Specific Bequest

The stocks, bonds etc. on account#XXXXX shall be distributed to my issue, then living, in equal shares (per stirpee). These last two words were underlined.

Is there any confusing interpretation of this bequest?

Or does it explictily state that this account referenced shall be distributed in equall amounts to the descendants of the deceased, i.e. children, grandchildren?

If the children of the deceased want to give their share to their mother (their mom saying that there was a mistake in the Will), can the grandchildren( who are minors 13, 12 and 9 years or age also sign their shares over to their grandmother?

As I see it;

( Im fine artist and designer who wants to go to law school - so please pardon my opinion)

Miinor's do not have the legal right to do anything with their inheritance until they become of legal age.

Assuming this is true...

The Will also stipulates,

that any person trying to contest, argue, or otherwise change the Will, immediately and without question be disinherited from that Will.

How does that fly?

Thanks.

D


Asked on 7/14/07, 12:02 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Interpertation of a Will

Is this a Connecticut will? If yes, the terms are not ambiguous. Minors cannot act for themselves; their "next friend" i.e., parent or court appointed guardian must act for them. The "in terrorem" clause (if you contest, you lose), probably would not be violated if the youngsters merely disclaimed their interests, as this would probably not be a contest of the will, but I'd need to see the whole thing. I'm at [email protected].

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Answered on 7/16/07, 11:54 am


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