Wording of a will to consider pre deceased beneficiaries

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Pugmister

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Hi All,

I am assisting a close family friend (my god mother) to get her affairs in order. She currently has a will made in which she specifies that her house is to be left to my mother and all other assets / possessions go to her cousin. No other stipulations are made in this will.

The question we now have is what would happen to the house if my mother was to pre decease her friend ? Would the house pass on to my sister and myself as per the split specified in my mothers will or would to house go to the disponers cousin being the closest relative ? It is my god mothers wishes that in such an event the house be left to us but she has not formally detailed this in the will.
 
Unless a contrary intention appears from the will, the bequest to your mother would fail by reason of the fact that your mother did not survive your god mother and the house would be included in the residuary bequest to your god mother's cousin.

If your god mother wants the house to go to yourself and your sister in the event that she is predeceased by your mother, the will would have to contain a so-called "gift over" clause.

As a general comment, I think you should thread carefully here. Perhaps gently suggest that your god mother revisits the terms of her will with her solicitor to ensure that it accurately reflects her intentions.
 
Sarenco said:
As a general comment, I think you should thread carefully here. Perhaps gently suggest that your god mother revisits the terms of her will with her solicitor to ensure that it accurately reflects her intentions.
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Thanks you very much Sarenco. I have previously mentioned to my mother that i thought this to be the case so she will be relying the info to my god mother in order to get things changed accordingly
 
I am unclear about something here.

It has been suggested that the bequest to OP's mother ceases to exist if OP's mother / beneficiary pre-deceases the testatrix.
How is that so ?
Would the bequest not survive for the benefit of the beneficiary's estate if she pre-deceases the testatrix ?

Side bar point.
I have seen wills where the testator included a specific condition precedent to inheritance that the named beneficiary must be alive at the time of the testator's demise or the bequest is rendered null. I do not see anything to suggest that that applies here.
 
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Second observation.

I endorse Sarenco's injuction to thread carefully. OP's intentions are unquestionably honorable and proper. However, you would be shocked at how a simple and innocent act could be construed ever so horribly if there is litigation around a contested estate ! Specifically, the testatrix must not be perceived to have been influenced in any way in the construction of her will.
 
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