Quick query re grandparents estate.

S

star32

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My Dad died last year unexpected and young. He looked after my Gran financially and otherwise throughout her life. She is now very sick and I would say she will not live for much longer. She showed all her family her will ages ago stating her estate be divided among her children with extra being given to my Dad - don't really want to go into detail - but pretty much divided equally with a % extra going to my Dad. This might be a silly question but will this still stand now my Dad has passed. There is two of his siblings still alive. Will my Mam ( his wife) get his share. AFAIK my Gran never amended her will but I do realise if she has then the new will stands.
 
Sorry for your loss.

Did your Dad make a will?

Does your Grandmother's will include a 'pre-decease' clause?

You may not be able to answer that last question until the will becomes public.
 
Thanks for reply. Yes my Dad made a will and my Mam was sole beneficiary. And no I can't answer the last question. Is that standard to put into a will? At a guess I wouldn't say she expected to outlive her children.
 
Normally if your father pre-deceased his mother, then her estate will be divided amongst the surviving children. In that case your mother would not get "your father's share". Unless your Gran made a new will to allow for a share to go to your father's widow.
 
Thanks for the information Conan. I found it very hard to get an answer anywhere online for this. Thanks again.
 
This sadly is a common occurrence.

Under the Succession Act, when a child dies (who is due an inheritance) with children of his/her own, he or she is deemed to have died AFTER the testator, in this case the grandmother. So on the assumption that grandmother has NOT and will not change her will now, the share she left your late father will pass according to his will, or intestacy (if he didn't have one).

So when your grandmother passes away, the share your father would have been entitled to will go to his estate, and will pass according to his will or intestacy. This ONLY happens where a child predeceases the testator and has children. And if she doesn't change her will in the meantime either.

I hope that helps.

See Section 98 Succession Act 1965. I cannot posts links as I am a new member!
 
collycolly said:
This sadly is a common occurrence.

Under the Succession Act, when a child dies (who is due an inheritance) with children of his/her own, he or she is deemed to have died AFTER the testator, in this case the grandmother. So on the assumption that grandmother has NOT and will not change her will now, the share she left your late father will pass according to his will, or intestacy (if he didn't have one).

So when your grandmother passes away, the share your father would have been entitled to will go to his estate, and will pass according to his will or intestacy. This ONLY happens where a child predeceases the testator and has children. And if she doesn't change her will in the meantime either.

I hope that helps.

See Section 98 Succession Act 1965. I cannot posts links as I am a new member!
Click to expand...

Thanks Collycolly for the reply - so if my gran has not changed her will then my Mam as sole beneficiary of my Dads estate should inherit what was willed to him? Have I got that right? I know it will depend on the will etc but that't the bones of it? This would be good as my Dad since a very young age ( my grandad left/seperated from my Gran and moved to another country) supported my Gran and his 2 siblings and right through his life so I feel it only fair that my Mam now a widow would maybe benefit from "his share".
 
star 32

That's my interpretation, and it seems pretty straightforward in your case from what you have said. Condolences on the loss of your Dad.
 
Conan said:
Normally if your father pre-deceased his mother, then her estate will be divided amongst the surviving children. In that case your mother would not get "your father's share". Unless your Gran made a new will to allow for a share to go to your father's widow.
Click to expand...

This is not correct. Section 98 Succession Act 1965 applies in this instance. Where a child of the testator predeceases the testator leaving issue alive at the date of death of testator the bequest in the will to that child passes to the child's estate. The child leaving issue is deemed to have died after the testator. This is an exception to the rules of lapse.
 
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