What happens if a beneficiary to a will dies?

madbadrob

If a beneficiary dies before the testator then unless there is a contra indication in the will the money would pass to the children of the deceased. It is that simple however until you see the will this is all speculation. I hope this can be solved amicably as any court action could wipe out the share of inheritance they or you may be entitled to

Rob

Hillbilly1

Good information, thanks everyone.

We are just discussing re-making wills and this is where we struggle! How do we plan for brothers and sisters future children??

ALso, agree with the OP about how difficult and nasty things can turn when there is a whiff of money on the air. I am appointing a solicitor as executor...

madbadrob

It is easy unless a will stipulates what happens should one beneficiary pre decease then the money passes to that person descendents as if they were the named beneficiary

Rob

getmore4less

madbadrob wrote: »

It is easy unless a will stipulates what happens should one beneficiary pre decease then the money passes to that person descendents as if they were the named beneficiary

Rob

Thats not what this says

http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM12084.htm.

Mojisola

As I understand, if the relative who should have received the legacy is on the bloodline - child, grandchild and so on - then the legacy will pass on down the generations.

If it's to someone else, the legacy fails and is taken back into the estate unless the will says something different, of course.

madbadrob

getmore4less wrote: »

Thats not what this says

http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM12084.htm.

That says exactly what I said. "It is easy unless a will stipulates what happens should one beneficiary pre decease then the money passes to that person descendents as if they were the named beneficiary"

From your own link "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"

As the deceased in this case devised a gift to the child who died before so thus this is then pass to that persons issue

Rob

getmore4less

madbadrob wrote: »

That says exactly what I said. "It is easy unless a will stipulates what happens should one beneficiary pre decease then the money passes to that person descendents as if they were the named beneficiary"
.............
Rob

The problem is by posting just the above in post 24 fter post 23 you have made a statement out of the context of the original post which says that ALL benfitiaries children inherit if they pre decease.

madbadrob

getmore4less wrote: »

The problem is by posting just the above in post 24 fter post 23 you have made a statement out of the context of the original post which says that ALL benfitiaries children inherit if they pre decease.

Getmore4less I dont understand what you dont understand. Testator a leaves money in the will to their children A B and C. A and B are still alive gifts passed to them as per the will. Person C has predeceased the testator. Person C has 3 children D E and F. D E and F get 1/3 of Child C's entitlement. Now reading my post over three times this is how I read what I put

Rob

Mojisola

getmore4less wrote: »

The problem is by posting just the above in post 24 fter post 23 you have made a statement out of the context of the original post which says that ALL benfitiaries children inherit if they pre decease.

madbadrob wrote: »

Getmore4less I dont understand what you dont understand. Testator a leaves money in the will to their children A B and C. A and B are still alive gifts passed to them as per the will. Person C has predeceased the testator. Person C has 3 children D E and F. D E and F get 1/3 of Child C's entitlement. Now reading my post over three times this is how I read what I put

But not all beneficiaries of a will are children of the testator.

If testator leaves money to a old friend and that friend dies first, the money would not pass his/her children.

getmore4less

Lets try one last time.....

with my bold.

Hillbilly1 wrote: »

Good information, thanks everyone.

We are just discussing re-making wills and this is where we struggle! How do we plan for brothers and sisters future children??

ALso, agree with the OP about how difficult and nasty things can turn when there is a whiff of money on the air. I am appointing a solicitor as executor...

You replied to the above post(23) with this in post(24)

madbadrob wrote: »

It is easy unless a will stipulates what happens should one beneficiary pre decease then the money passes to that person descendents as if they were the named beneficiary

Rob

Which is incorrect.