Wills question - Benificary dies
Discussion
Question
My mum has a will which is made out equally to my sister and myself, plus a small payment of £4000 pounds to her sister in New Zealand.
Her sister unfortunately is deceased for a few years now, and my mum would like to know whether the amount she left her sister would pass on either to her sisters spouse, or her sisters children.
The will makes no mention of it passing onto her sisters family and it is not her intention too, but would like to know if she would need a Codicil to amend the above.
Is there anywhere that gives a definitive answer?
My mum has a will which is made out equally to my sister and myself, plus a small payment of £4000 pounds to her sister in New Zealand.
Her sister unfortunately is deceased for a few years now, and my mum would like to know whether the amount she left her sister would pass on either to her sisters spouse, or her sisters children.
The will makes no mention of it passing onto her sisters family and it is not her intention too, but would like to know if she would need a Codicil to amend the above.
Is there anywhere that gives a definitive answer?
I am not a lawyer...
but am pretty sure that if the beneficiary is deceased, then the money stays in the estate to be split according to the rest of the will...
to avoid that - if your mother would prefer it to go to her sister's children, then the wording would need to include a clause along the lines of (...or in the case that she dies first, the money goes to xyz)
however if your mother is still alive and her sister has already died, then it would simply make sense to update the will
but am pretty sure that if the beneficiary is deceased, then the money stays in the estate to be split according to the rest of the will...
to avoid that - if your mother would prefer it to go to her sister's children, then the wording would need to include a clause along the lines of (...or in the case that she dies first, the money goes to xyz)
however if your mother is still alive and her sister has already died, then it would simply make sense to update the will
I agree as above. The beneficiary is deceased, no funds transfer and that amount remains in the estate of your mother (in the absence of any clause identifying any other recipient i.e.4k goes to Sister unless she predeceases at which point it goes to niece....).
Just update the will and also add in clauses to have the monies transferred if the worst happens.
Just update the will and also add in clauses to have the monies transferred if the worst happens.
davepoth said:
A great aunt of mine died intestate, so her estate was divided equally among surviving relatives. My father was due a share but he was already dead, so my brother and I received half of his share each.
That's slightly different to the OP's case. If you leave a will and name 3 people, and one of them dies before the person who has made the will dies, the estate is divided between the two remaining beneficiaries.
Had more of a google after initially posting on here and came across
http://www.mylawyer.co.uk/gifts-and-beneficiaries-...
The "Beneficiaries who die before you" section would seem to say would my mums gift to my now deceased Aunt would lapse and not pass on to her family. But If either myself or my sister had kids it would pass down the line.
http://www.mylawyer.co.uk/gifts-and-beneficiaries-...
The "Beneficiaries who die before you" section would seem to say would my mums gift to my now deceased Aunt would lapse and not pass on to her family. But If either myself or my sister had kids it would pass down the line.
guy_spyder550 said:
Had more of a google after initially posting on here and came across
http://www.mylawyer.co.uk/gifts-and-beneficiaries-...
The "Beneficiaries who die before you" section would seem to say would my mums gift to my now deceased Aunt would lapse and not pass on to her family. But If either myself or my sister had kids it would pass down the line.
That is right. Wills leaving money to children who pre decease the parent would then see that child's share pass to their children (the grandchildren of the person who made the will) and not be shared between the surviving siblings. I should have made that clear in my earlier response. http://www.mylawyer.co.uk/gifts-and-beneficiaries-...
The "Beneficiaries who die before you" section would seem to say would my mums gift to my now deceased Aunt would lapse and not pass on to her family. But If either myself or my sister had kids it would pass down the line.
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