# what happens if beneficiary dies before testator?



## browncow (20 Nov 2013)

I was wondering if anyone could help with the following situation.

My uncle died in 2011 and and left his estate to be divided between his two sisters and two brothers. One of the sisters Mary predeceased him by approx 6 months, but he never changed his will.
Initially when the solicitor was looking after sorting out the estate, she advised Mary's share of the estate 'died with her' and her share would not pass to her two adult children. So the estate was now going to be divided between the one remaining sister (my mother and the executor) and her two brothers...

Just today the solicitor told my mother that she was incorrect in what she said about Marys share 'dying with her' and that her quarter would be split between all remaining brother and sisters, and if there are any brothers and sisters deceased, that share would split equally to their children...

Is this correct? I suppose because she made an error initially, we are now skeptical of her being accurate on this new information.

Apologies it this is confusing to read, any help would be greatly appreciated.


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## huskerdu (21 Nov 2013)

I am not a lawyer, but this situation has ben mentioned here on AAM a few times.

It depends on the exact wording of the will. Either results may be legally correct depending on how the will was written. 

If I were you, I would ask for a second opinion from another lawyer. Maybe try to get a personal recommendation for one with a lot of experience of probate. 

Sorry for your loss and I hope this all gets sorted out without more stress on the family.


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## Bronte (21 Nov 2013)

browncow said:


> Just today the solicitor told my mother that she was incorrect in what she said about Marys share 'dying with her' and that her quarter would be split between all remaining brother and sisters, and if there are any brothers and sisters deceased, that share would split equally to their children...
> 
> .


 
The children of the deceased sibling get a 1/4 share between them.  So in this case 3 people get 1/4 each, and the last 1/4 is divided equally to the children.


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## browncow (21 Nov 2013)

Thank you both for your replies.

Bronte, we asked the solicitor would it be a case that Marys share should go to her children, and she said no, that the portion of the estate left to Mary would be treated as if my uncle died intestate.
As my uncle has 6 siblings (3 alive, 3 dead) she says that the quarter, would be divided by 6,  3 already named beneficiaries get 1/6 each and the children of the 3 deceased would get their respective 1/6 divided amongst them...

So Marys two children will get 1/6  of the quarter, divided in two, according to the solicitor????!!!


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## Padraigb (21 Nov 2013)

That seems plausible. It depends on the precise wording of the will, but I'm sure that as it is the solicitor's carefully-considered revised opinion, it's probably correct.


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