Will leaves money to person who has since died

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  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Ziggazee wrote: »
    So it would appear the legal firm I work for are wrong eh Mojisola.....perhaps they should employ you ;-)

    Perhaps they should read the law.
  • Ziggazee
    Ziggazee Posts: 464 Forumite
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    Oh I assure you they do......and they regularly attend training courses. You see, it's their profession.......not a hobby they do when bored :-)
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Mojisola wrote: »
    http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM12084.htm
    IHTM12084 - Succession: Wills: Legacies and devises: Lapse (England, Wales and Northern Ireland)
    Lapse occurs when a gift made in a Will fails because of the death of the legatee or devisee in the testator’s (IHTM12001) lifetime. Where the legacy or devise is anything other than residue, that property will normally fall into residue.

    If a gift of residue lapses, the property devolves as it would on intestacy (IHTM12101).

    There are exceptions to the rule. The most common are where

    a gift in a Will to a child or remoter issue of the testator or testatrix (IHTM12001) will not lapse if the dead beneficiary leaves issue (children) who are alive at the testator’s death (in England & Wales, the Wills Act/ S33 as amended by the Administration of Justice Act 1982/ S19; in Northern Ireland, article 22 of the Wills and Administration Proceedings (NI) Order 1994). This does not apply where the gift is a life interest.
    the testator or testatrix makes substitutory provisions in the Will. For example a gift to ‘such of my children as are alive at my death’ will clearly benefit surviving children and not the issue of any predeceasing child.
    Ziggazee wrote: »
    Oh I assure you they do......and they regularly attend training courses. You see, it's their profession.......not a hobby they do when bored :-)

    So why don't they comply with the above?
  • Ziggazee
    Ziggazee Posts: 464 Forumite
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    :-D You'll have to ask them that :-D
  • lovinituk
    lovinituk Posts: 5,711 Forumite
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    Ziggazee wrote: »
    :-D You'll have to ask them that :-D
    Can I have the name of the company so I can avoid them and their apparent lack of knowledge in the future ;)
  • Ziggazee
    Ziggazee Posts: 464 Forumite
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    :-D Some of you on here are so funny :-D
  • lovinituk
    lovinituk Posts: 5,711 Forumite
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    Ziggazee wrote: »
    :-D Some of you on here are so funny :-D
    I don't see what's funny about a legal company not following the law?! Even more reason to avoid them :D
  • mrschaucer
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    Do you want to let us in on the joke, Ziggazee? You obviously find all this hilarious when it's actually rather important?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Ziggazee you should ask them and report back.
  • Savvy_Sue
    Savvy_Sue Posts: 46,030 Forumite
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    My late mother's will specifically excluded her grandchildren, should one of us have predeceased her, but my understanding was that this was NOT the 'default' position, and she'd gone out of her way to exclude them.

    Our recently written wills specifically include any potential grandchildren, should any of our sons predecease us, but again, I was told that that was the default position, it was just being spelled out in this case for the avoidance of doubt.
    Signature removed for peace of mind
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