Clients have step grandchildren via their son’s wife and want to include a clause in their Wills based on form 21.6 as follows:
Inclusion of specified step-children
For the purpose of ascertaining who is entitled to benefit under this Will:
(i) [name of step-grandchild] shall be considered as my grandchild.
The legacies to their son have a gift over clause to his natural issue.
By including the above clause, do the step grandchildren become included in the category of natural issue of the father?
Thank you in advance.
I would say not.
Just because you have ‘deemed’ the individuals in question to be grandchildren of the testator does not mean they are deemed to be children of the son.
If you want the individuals to be able to inherit under the gift over clause it would be better to say “[name of individual] shall be deemed to be a grandchild of mine and a child of [name of son]”.
Paul Davies
Clarke Willmott
Paul - thank you for this.
FYI (& for anyone else replying) - the gift over wants to exclude the step grandchildren from inheriting.
All of the grandchildren (step or otherwise) have been left a share of residue as follows:
As to a XX% share to my grand son/daughter XXX
But they not meant to inherit what is proposed to be left to the client’s son if he so died before my client.