Beneficiary dies before receiving inheritance?

P

PaulF

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Hi all,

I hope you can help please.

My grandmother died several years ago, she left a will (as far as I have been told) stating that her home was to be left for any of her children to live in, and when none of them wanted to live there anymore, it could be sold and divided equally amongst her children.

Fast forward to a few months ago, the last remaining child (my uncle) living in the house died. The remaining siblings (including my father) decided to sell it, and this process had begun. My father died a few days ago before he could inherit and now I am unsure if I stand to inherit this or not, considering that my father outlived the intestator (my Grandmother) and his brother the last remaining sibling to live in the house, does my fathers share now form a part of his estate and therefore go to me as his next of kin?There are several other siblings of my fathers alive, my father was an Irish citizen, I am a UK citizen, if any of that helps.

thank you in advance.
 
Yes. My mother in law died last year and left everything to her children equally, but 6 months later my sister in law died. Her share of her mothers estate went to her estate and was distributed as per her will as probate was not complete for another 6 months. So your fathers portion of the house will go to his estate, and eventually be distributed as part of his estate.
 
Clamball said:
Yes. My mother in law died last year and left everything to her children equally, but 6 months later my sister in law died. Her share of her mothers estate went to her estate and was distributed as per her will as probate was not complete for another 6 months. So your fathers portion of the house will go to his estate, and eventually be distributed as part of his estate.
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Thank you very much, do you know by any chance, if the estate (My Grandmothers) was intestate would it still be the same? Thanks
 
PaulFal said:
Thank you very much, do you know by any chance, if the estate (My Grandmothers) was intestate would it still be the same? Thanks
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I'm sorry for your loss.

If there was a will, you can get a copy of it from the Probate Office. Start with that first; otherwise you are working from family information, which is often not accurate.
 
Thirsty said:
I'm sorry for your loss.

If there was a will, you can get a copy of it from the Probate Office. Start with that first; otherwise you are working from family information, which is often not accurate.
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Thank you very much, You are of course right about family info being inaccurate....by chance do you know how I could go about getting a copy? Can I request online as I am not in Ireland? Thanks
 
Is it Irish law applying to this and you just being in UK?

Usually the child of a deceased child would stand in the shoes. But I am far from clear as to whether other deceased persons also had children. I don't think this is survivor takes all.

Need more information please.
 
My reading is that the property is in Ireland as was the Grandmother & last surviving resident of the property.

OP needs to get a copy of the will, otherwise we are just guessing.
 
@Thirsty ah you are saying the will included a last survivor clause (or he thinks) it did.
Missed that (!) but we love guessing here !
 
Thanks all, apologies for the late reply. I have a copy of the will (Grandmothers) and it only states that it was all left to my uncle (now deceased) and with the caveat of allowing other siblings to live in the house, until they no longer wanted to (which they now don't and decided to sell when my uncle died). So my Father died 6 weeks or so after my uncle. Now the house is being sold, my Aunt said I will now inherit my fathers share. As it is now going to next of kin (my uncles siblings as he had no wife/partner/or children etc) - So does this mean it will go to the remaining siblings? i.e. those surviving? (including my fathers estate as he was alive at the time of uncles death) or to everyone (i.e. children of deceased siblings long ago etc?) I am not sure how it works in this circumstance? Anyone shed any light? thanks.
 
IANAL

Did your uncle have a will?

I'm guessing not, and in that case intestacy will apply to your uncles estate.

If your father had a will, his share will be distributed per that document as he died after your Uncle. If he didn't have a will then intestacy rules apply again.

Question for the legals? I would think if father was UK resident, UK intestacy rules would apply. Don't think there's a huge difference though.

Source: citizens info

"Brothers and sisters only: your estate is shared equally among them, with the children of a deceased brother or sister taking his/her share.:
 
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