What happens if a beneficiary to a will dies? 15 November 2012 at 3:03PM edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate 31 replies 62.2K views

Sunders18

My Grandmother passed away last week. My Mum was named as a beneficiary of the will along with her two brothers, each having an equal share. My Mum passed away in March leaving myself as her only surviving child. My sister died last year but has two children. My Grandmother did not change her will following the death of my Mum. I understand from the executor that my Mothers share passes to her children but, my question is as my sister is deceased will her share automatically go to her children being my Grandmothers Great Grandchildren?

RAS

Does the will specify what will happen?

Sunders18

No it doesn't

Mojisola

Sunders18 wrote: »

I understand from the executor that my Mothers share passes to her children but, my question is as my sister is deceased will her share automatically go to her children being my Grandmothers Great Grandchildren?

Are any of the beneficiaries suggesting that the children shouldn't have their mother's share?

Sunders18

Yes they are

Mojisola

Sunders18 wrote: »

Yes they are

That's rotten. I think the money passes down with the blood line.

It will be a shame if everyone's share of the estate is reduced by a legal challenge by some of the beneficiaries.

Sunders18

Its not an insignificant amount that will be in the estate and I think some people just get greedy. Times like this can bring out the worst in people.
Thank you for your advice Mojisola and hopefully it will get passed down the blood line.

rpc

It depends very much on the wording. Are you able to post the clause with the bequest to your mother and any clause that covers the residue?

It is also possible that there is a partial intestacy and the share that was allocated to your mother will be distributed under intestacy rules.

Are you in England/Wales or Scotland? The rules are quite different.

Mojisola

I hope it can be resolved amicably - many deceased people would be horrified at the fights that start when there's money in the air.

Sunders18

rpc, I wont get to see the will until next week (I live in Essex and my family are all in Newcastle). The executor, who has a copy of the will but is unsure as to its interpretation, told me yesterday of a possible challenge.

Fire_Fox

Welcome to MSE. The executor should get legal advice on the specific wording charged to the estate, not the opinion of unqualified people on a forum. An executor has a legal responsibility to ensure the money is distributed correctly, if they make any mistakes and are challenged the money can come out of their own pocket!