Question concerning a will

Josie_Jump_3

Would anyone out there be able to help me with a question regarding inheritance ?

My grandfather has recently passed away and his estate was to go to his son & daughter (my father and aunt), however my father has also passed away this year and my grandfather never changed his will. What would happen with his estate now ? Does the estate now all go to my aunt or will my fathers side of the estate move down to my sisters and I ?

Thanks

Bossyboots

My condolences on the loss of your grandfather.

If the will has been drawn up properly it will actually state in in what is to happen.

There should be a clause further down than the main beneficiaries which would normally state something like "If either of my beneficiaries mentioned in paragraph numbered (whatever it is) above should pre-decease me leaving issue (children) then their share should pass to that issue, and if more than one in equal shares".

If this clause isn't there, then the original clause should state that if either beneficiary pre-deceases him, the other takes their share and thus inherits the whole estate.

If neither of these provisions are made then the will may not have been properly drawn and therefore be open to challenge on the distribution of the share that would have gone to the father.

If this is a problem in the will, then it is possible that the whole will may be void. Was it drawn up by a professional or is it a DIY one? If it was drawn up professionally then it should (hopefully) be correct and will have the correct clause in relation to premature death of beneficiaries.