Parent Dies before Grandparent - Where does the inheritance go?

I appreciate questions like this are always complex :) But if anyone can help we would be grateful.


I have a terminally ill friend who has just been told her mother has not long to go too :(


My Friend along with her 2 sisters are all named as EQUAL beneficiaries in the will to inherit the estate. We are talking around £150k in property and assets.


Should my friend pass away before her mother ( more than likely ) ...would my friends daughter ( the beneficiary of her estate ) inherit her dead mother's share from the grandmother or would this automatically go to the two sisters named on the will. The two sisters would probably not share out with her daughter out of their own goodness and probably just divide the share by two rather than three.


Is it likely that my friends daughter will stand to gain any of the inheritance? Does the granddaughter have any rights / claims to any of the inheritance ?


Will can not or will not be changed now as Grandmother not of sound mind to change..


As you can imagine this is a very stressful time for all and although will seek some legal advice in the future just wondered if anyone had any idea?




Thank you for reading this :A
Grocery challenge Feb £107/£100-epic fail due to cake and biscuits
🌟
«13

Comments

  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 August 2015 at 5:32PM
    Unless the will says otherwise, if a child dies before the parent then that child's inheritance from the parent will be divided equally among the deceased's children.

    (Assuming this is in England or Wales)
  • Keep_pedalling
    Keep_pedalling Posts: 20,404 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 9 August 2015 at 5:38PM
    It depends on the wording of the will. If there is no stipulation of what happens in this situation, the inheritance should pass to her daughter, assuming she has no other children, but if it says something along the lines of my estate is to be divided among my surviving children then the two surviving sisters will inherit it all.
  • It specifically names my friend in the will as a daughter as does it her two sisters .


    That really sounds promising thank you so much for replies


    My Friend has 4 children - 3 daughter's and a son but her Daughter ( the eldest ) will be left everything she has to distribute as she see's fit as per my friends will ....


    So would the money potentially go to Grandaughter and then Grandaughter could distribute with the remaining 3 Grandchildren or would the Exector of Grandmothers will Distribute the third share between the 4 Grandchildren.


    Once again thank you so much ...I have told her not to worry and stress about all this with her being so frail but she was wondering whether she needs to fight for her children's share while she is still alive if she can.


    Terrible situation to be in so thank you for replies xx
    Grocery challenge Feb £107/£100-epic fail due to cake and biscuits
    🌟
  • moneyonmymindsam
    moneyonmymindsam Posts: 2,243 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 9 August 2015 at 6:24PM
    Mojisola wrote: »
    Unless the will says otherwise, if a child dies before the parent then that child's inheritance from the parent will be divided equally among the deceased's children.

    (Assuming this is in England or Wales)



    Sorry! Just to clarify :) If the will doesn't say otherwise it goes to the grandchildren not just the two sisters?



    Thank you in advance:A
    Grocery challenge Feb £107/£100-epic fail due to cake and biscuits
    🌟
  • Andypandyboy
    Andypandyboy Posts: 2,472 Forumite
    I think, wording dependent, it would go equally to all 4 children.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My Friend has 4 children - 3 daughter's and a son but her Daughter ( the eldest ) will be left everything she has to distribute as she see's fit as per my friends will ....

    Sounds odd - either the will leaves everything to the daughter or it leaves it between the children.


    So would the money potentially go to Grandaughter and then Grandaughter could distribute with the remaining 3 Grandchildren or would the Exector of Grandmothers will Distribute the third share between the 4 Grandchildren.

    This ^................
  • Keep_pedalling
    Keep_pedalling Posts: 20,404 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 9 August 2015 at 6:29PM
    I believe that should your friend die first then the inheritance from her mother would be divided equally between the grand children, but your friend should consult a solicitor on this, and on making sure her will is going to do exactly what she wants it to do.
  • System
    System Posts: 178,315 Community Admin
    10,000 Posts Photogenic Name Dropper
    It specifically names my friend in the will as a daughter as does it her two sisters .


    That really sounds promising thank you so much for replies


    My Friend has 4 children - 3 daughter's and a son but her Daughter ( the eldest ) will be left everything she has to distribute as she see's fit as per my friends will ....

    So would the money potentially go to Grandaughter and then Grandaughter could distribute with the remaining 3 Grandchildren
    That will only apply to the friend's estate
    or would the Exector of Grandmothers will Distribute the third share between the 4 Grandchildren.
    This, as the bequest from the grandmother will not form part of the friend's estate as she is already deceased
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • moneyonmymindsam
    moneyonmymindsam Posts: 2,243 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 9 August 2015 at 7:10PM
    Thanks !!!!!!

    pleased that her third will get split between the 4 Grandchilden


    Appreciate your time - thank you :)
    Grocery challenge Feb £107/£100-epic fail due to cake and biscuits
    🌟
  • Mojisola wrote: »
    This ^................





    Everything gets left to the daughter who my friend entrusts to share equally between her siblings to give them a good future ..she is the eldest and most sensible and at this time all of the siblings are in agreement that she should be in control.


    We all know daughter could keep everything and tell rest of them hard luck but daughter just simply would not do that...its a risk they are all prepared to take.


    They all love each other so much and with the pending loss of their mother to terminal cancer and now potentially their grandmother they are in no fit state and not really old enough or emotionally strong enough to deal with these matters.
    Grocery challenge Feb £107/£100-epic fail due to cake and biscuits
    🌟
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.3K Banking & Borrowing
  • 252.9K Reduce Debt & Boost Income
  • 453.2K Spending & Discounts
  • 243.3K Work, Benefits & Business
  • 597.8K Mortgages, Homes & Bills
  • 176.6K Life & Family
  • 256.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.