Query re spouses entitlement in will

J

Jimjobjim

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Hi folks

I had been left in my aunts will, i have one child, the will states that if i predeceased my aunt my inheritance would pass to my child when they reach 21 however since the will was made i have since married, my question is if i where to predecease my aunt now. could my wife make a claim to my inheritance? That’s what i would want however there is no option to have will amended as aunt now has dementia.
Is there anything I can do to ensure that my wife would get access to my inheritance if anything happened to me?

thank you
 
jim

Please read the Posting Guidelines and edit your post accordingly.

It should be written in clear sentences and not a long jumble.

Any replies will be deleted until you do so.

Brendan
 
I did not see the original post so answer on the assumption that it was edited as directed and that this is not going to be deleted.
A few observations.

SCENARIO 1 - OP dies after his aunt.

The bequest passes to OP as per the will.
OP's wife has no entitlement under the will as she is not a beneficiary.

SCENARIO 2 - OP dies before his aunt.

The OP's bequest is nullified by his death by the terms of the will.
As OP's bequest dies with him in this situation no better right can be acquired by his wife.

SCENARIO 3 - OP dies after his aunt but was alive when she died but probate is not completed.

What is in my mind here is a situation like the OP being alive at aunt's death but then dying the following day.

In this scenario the OP is entitled to the bequest as he was alive when his aunt died.
However, as he is now dead the OP's entitlement to receive the bequest should survive for the benefit of his estate.
What OP's wife receives then would be governed by the terms of OP's will or the rules on intestacy if he has no will.

The way to ensure OP's wife inherits his inheritance is to provide for that within the terms of a will.
 
SCENARIO 1 - OP dies after his aunt.

as above

SCENARIO 2 - OP dies before his aunt.

On OP's death, and, under the terms of the will, his child becomes the beneficiary on reaching his/her majority. {edited for clarity]

SCENARIO 3 - OP dies after his aunt but was alive when she died but probate is not completed.

no comment

SCENARIO 4 - OP dies before his aunt and the will makes no provision for OP's child.

The OP's child becomes the beneficiary on reaching his/her majority as the bequest follows blood-lines. Adopted children are treated as blood relations in this scenario.

SCENARIO 5 - OP dies before his aunt who dies intestate.

As Scenario 4, above

All on the assumption that "aunt" means blood relation and not the spouse of OP's blood-related uncle.
 
Last edited:
Mathepac,
Cannot see how your answers 2 and 4 are correct in regards to the child inheriting if the father died before the aunt. In that scenario there may be more relatives and the estate would be divided according to relationship. Her will in regards to the child's father means nothing as he has died before her. Just my take on it.
 
Simple answer to the OP's question as now stated is No. Your aunt's will clearly states if you predecease her, the inheritance goes to your child, held in trust until they reach 21. There is no way your wife can have any claim on it.
 
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