Harry is in hospital, and unable to make a Will.

He had four children, two of whom have died, and those two children each left two of their

own children; four grandchildren in all. He has two children who are alive.

He has never got on well with the four grandchildren of the deceased children and favours his

two children who are still alive, and their families.

When he dies his property will pass under the intestacy rules which will mean that it will be

divided into four equal shares, with the two living children taking a quarter each, and the

other four grandchildren taking between them, the share that their parents would have had.

The two surviving children would like to apply to the Court to make a statutory Will on the

basis that he would not want to benefit those four grandchildren at all, and would prefer

everything to go to them solely.

If they were successful the statutory Will would be made while the father is alive.

They are aware of the fact that they will need strong evidence of what their father wants, as

the Court will be mindful of the fact that any statutory Will will deprive the four

grandchildren of any right to participate in the estate.

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