confused by order of events

klyncher

Hi

I was just after some views or info on what might happen in my current situation.

My Grandad is currently expected to die from cancer by March/April. In his will he has left his property to my Dad. However my Dad is currently unlikely to survive the next couple of days.

What would happen if my Dad dies before my Grandad? Can someone leave money/property to the estate of someone who is already dead?

I have searched high and low on Google and cannot seem to find anything which covers this scenario.

Newly_retired

I am not a legal expert, but it will surely depend on the wording of your grandfather's will. It is customary but not compulsory , to have a clause whereby it states that if your father dies first, his share will pass to his children.
If there is no such clause, then I believe that bequest will lapse.

klyncher

Thanks for the reply Newly retired. If my Dad is the sole beneficiary does that mean my grandfathers estate would be dealt with through the rules of intestacy?

Mojisola

klyncher wrote: »

My Grandad is currently expected to die from cancer by March/April. In his will he has left his property to my Dad. However my Dad is currently unlikely to survive the next couple of days.

What would happen if my Dad dies before my Grandad? Can someone leave money/property to the estate of someone who is already dead?

Unless your Grandad's will specifies otherwise, if his son dies before him, everything left to his son will be divided up between his son's children.

(Assuming we're talking about England or Wales)

McKneff

klyncher wrote: »

Thanks for the reply Newly retired. If my Dad is the sole beneficiary does that mean my grandfathers estate would be dealt with through the rules of intestacy?

The rules of intestacy only apply if there is no will when someone dies.


If your grandfather has a will then what is in the will will apply....

g6jns_2

McKneff wrote: »

The rules of intestacy only apply if there is no will when someone dies.


If your grandfather has a will then what is in the will will apply....

The intestacy rules can apply if a will does not deal with all the estate. In the case the OP is asking about this would be the case if there is no residual legatee.

Mojisola

g6jns wrote: »

The intestacy rules can apply if a will does not deal with all the estate. In the case the OP is asking about this would be the case if there is no residual legatee.

The will still stands because the beneficiary has a child and the executor should treat the deceased son's blood-related children as the beneficiaries.

http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33
33 Gifts to children or other issue who leave issue living at the testator’s death shall not lapse.
(1)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.

g6jns_2

Mojisola wrote: »

The will still stands because the beneficiary has a child and the executor should treat the deceased son's blood-related children as the beneficiaries.

http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33
33 Gifts to children or other issue who leave issue living at the testator’s death shall not lapse.
(1)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.

You really should read what is said before contradicting people. Neither of us have seen the will hence my qualified statement that, inter alia, there can be partial intestacy, if there is no residual legatee. Your comments may, or may not, apply in this particular case. All you are doing is confusing the situation.

Mojisola

Mojisola wrote: »

Unless your Grandad's will specifies otherwise, if his son dies before him, everything left to his son will be divided up between his son's children.

Mojisola wrote: »

The will still stands because the beneficiary has a child and the executor should treat the deceased son's blood-related children as the beneficiaries.

g6jns wrote: »

You really should read what is said before contradicting people. Neither of us have seen the will hence my qualified statement that, inter alia, there can be partial intestacy, if there is no residual legatee. Your comments may, or may not, apply in this particular case. All you are doing is confusing the situation.

Did you read the qualification in my first reply?

g6jns_2

Mojisola wrote: »

Did you read the qualification in my first reply?

As I said to be sure one would need to see the whole will. You did not make that clear.

Flugelhorn

is grandad likely to want to make another will if his son dies before him?