Beneficiaries died since will was made

troubleinparadise

In the will I executed, there was clear wording that if the beneficiary died before the deceased, leaving children who survived the deceased, then they would receive their deceased parent's legacy, or an equal share of it.

jackyann

Ask the Probate Service - they are helpful and used to this situation.

daska

The Probate Service aren't allowed to give legal advice, only advice on procedure.

OP - if you are in any doubt as to how to proceed I would strongly suggest that you cover your back by paying for professional help from a solicitor. You don't have to hand over the whole job of executor to them, you can consult on specific points only.

Jewels-L

Thank you so much for your input everyone, it is much appreciated.

They don’t make life easy do they! When the will was drawn up, the solicitor didn’t ask my aunt what her wishes would be if one of the beneficiaries predeceased her – which is a shame because it would save a lot of hassle now!

I've done some research on the internet but it doesn’t appear to be clear cut. I’ll think I’d better get professional advice just to be on the safe side…

rpc

Antrobus's link gives you the detail you need. If in doubt, get legal advice as it will protect you against any future complaints.

In this case, barring any provision in the will, the gift will lapse and become part of the residue.

S33 of the Wills Act only provides for gifts to pass to the issue of someone who predeceases if the person who predeceased is a descendent of the deceased.

madbadrob

It all depends on the wording of the will. Check after each gift if it states to their heir, assigns etc if it does then it passed to the heirs however I do wonder if the gift lapses with the death being before that of the person who left the will. Get legal advice on this as you would be liable for any error

Username the difference there is the person who died after the testator dies intestate where different rules apply.