Grandmas estate

Skipriv

Hi
My Grandma passed away recently and left her estate to her 3 siblings in the will. My father the oldest sibling passed away last year will his share of the estate be passed on to me the grandchild? My father remarried 10 years ago would his spouse be entitled to any of the estate?
Regards

madbadrob

It would depend on what the will actually states. Unless it specifically states that should one predecease her then their children are entitled to his share then I would say there is an argument for it to pass to the remaining siblings. No the spouse will get nothing unless the will states so. The first instance would be to see exactly what the wording of the will is.

I have just noticed you say siblings when I believe you mean issue. Siblings are brothers and sisters

Rob

Mojisola

Skipriv wrote: »

Hi
My Grandma passed away recently and left her estate to her 3 siblings in the will.

My father the oldest sibling passed away last year will his share of the estate be passed on to me the grandchild?

My father remarried 10 years ago would his spouse be entitled to any of the estate?

Your father's spouse isn't entitled to anything - the inheritance will go down the blood line.

Unless there is a clause saying that if one of her children dies before her, the deceased's share will be shared between his children. If you are the only child, it will all come to you.

theoretica

A previous very similar thread is here: http://forums.moneysavingexpert.com/showthread.php?t=4290133

Skipriv

madbadrob wrote: »

It would depend on what the will actually states. Unless it specifically states that should one predecease her then their children are entitled to his share then I would say there is an argument for it to pass to the remaining siblings. No the spouse will get nothing unless the will states so. The first instance would be to see exactly what the wording of the will is.

I have just noticed you say siblings when I believe you mean issue. Siblings are brothers and sisters

Rob

The will states that the estate to be divided equally between my Grandmas children ie my father and his two sisters. The will was done 6 years ago.

eddtheduck

Then this sounds like section 33 of the Wills Act 1837 applies:

Where -
(a) a will contains a devise or bequest to a child or remoter descendant of the testator; and
(b) the intended beneficiary dies before the testator, leaving issue; and
(c) issue of the intended beneficiary are living at the testator’s death, then, unless a contrary intention appears by the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death.

In other words, as your father died before your grandmother, his share passes to you.

madbadrob

eddtheduck wrote: »

Then this sounds like section 33 of the Wills Act 1837 applies:

Where -
(a) a will contains a devise or bequest to a child or remoter descendant of the testator; and
(b) the intended beneficiary dies before the testator, leaving issue; and
(c) issue of the intended beneficiary are living at the testator’s death, then, unless a contrary intention appears by the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death.

In other words, as your father died before your grandmother, his share passes to you.

However that as been updated and not that straight forward as can be seen

IHTM12084 - Succession: Wills: Legacies and devises: Lapse (England, Wales and Northern Ireland)
Lapse occurs when a gift made in a Will fails because of the death of the legatee or devisee in the testator’s (IHTM12001) lifetime. Where the legacy or devise is anything other than residue, that property will normally fall into residue.

If a gift of residue lapses, the property devolves as it would on intestacy (IHTM12101).

There are exceptions to the rule. The most common are where

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.
the testator or testatrix makes substitutory provisions in the Will. For example a gift to ‘such of my children as are alive at my death’ will clearly benefit surviving children and not the issue of any predeceasing child

Which is why I asked what the will states.

Rob

Skipriv

The will states that the estate to be divided equally between my Grandmas children ie my father and his two sisters. The will was done 6 years ago.

Skipriv

I'm confused, will my dad's share return back into residue or will it be given to me his child?

Mojisola

Skipriv wrote: »

I'm confused, will my dad's share return back into residue or will it be given to me his child?

Unless the will says that the portion that would otherwise have gone to your father must go back into the estate, his share will be yours.

But everything depends on the wording of the will. Have you asked the executors what they are going to do? Do you have a copy of the will?

antrobus

madbadrob wrote: »

However that as been updated and not that straight forward as can be seen

IHTM12084 - Succession: Wills: Legacies and devises: Lapse (England, Wales and Northern Ireland)
Lapse occurs when a gift made in a Will fails because of the death of the legatee or devisee in the testator’s (IHTM12001) lifetime. Where the legacy or devise is anything other than residue, that property will normally fall into residue.

If a gift of residue lapses, the property devolves as it would on intestacy (IHTM12101).

There are exceptions to the rule. The most common are where

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.
the testator or testatrix makes substitutory provisions in the Will. For example a gift to ‘such of my children as are alive at my death’ will clearly benefit surviving children and not the issue of any predeceasing child

Which is why I asked what the will states.

Rob

You have simply repeated what s33 of the Wills Act 1837 states, i,e

"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"

and have not 'updated' anything.

S33 of the Wills Act 1837 applies unless the will says otherwise.