What happens when a will beneficiary dies?

MrGumby

Hello. I am named as an executor of a friend's will. The will is very simple and leaves his estate equally between his two sons (I am not sure of the exact wording and he is too distraught to talk about it in detail at the moment). One of my friend's sons died unexpectedly at the weekend. Does my friend need to change his will?

The deceased son has one daughter, was recently divorced and living with a partner. He has substantial business debts but I do not yet have details of whether/how they were secured. I am not sure who owns the house he and his partner were sharing, nor whether any of the business debts were secured against it.

Am I right in thinking the daughter will automatically inherit the deceased son's share of my friend's estate? The son's wife will have no call on it? And nor will the partner?

What about the son's creditors? Can they claim any of it?

Thank you for any advice you can offer.

margaretclare

It depends what the will says. Usually there is a clause which says something like 'I leave ....to my sons x and y, assuming they both survive me by 28 days...'

Mojisola

A well-written will should have covered this situation with a clause saying who the share should go to if a beneficiary dies.

I'm fairly sure that his share will go to his daughter. The son's partners will have no call on it.

It would be best to get a new will written but it will be difficult to suggest it so soon after the death.

MrGumby

Just to say thanks for the replies.

You're right, it's a little premature to suggest new wills, but that's what I'll do when time has healed the wounds a little.

Baggysdad

Unless the Will states otherwise, the daughter will definitely inherit what her father would otherwise have inherited.

B