who inherits now ?

drumbasher4

Hi everybody ,
My Dad died in may 2015 and his will dated 1976 states that he leaves his estate to myself
and my two sisters in equal shares .
For the sake of clarity I shall call them sister number 1 and sister number 2 .
Sister number1 died in the beginning of march 2012 and my mum died at the end of
march 2012 ........ in mums mirror will she left her estate to my dad.
My dad by then was not fit to change his will .
This leaves me and sister number2 .....
There seems to be some confusion as to the distribution of my dads estate as I have a
nephew who is the son of my deceased sister number 1.
Some say it is a 50/50 split between me and sister number 2 and some say it should
be split three ways including my nephew not born in 1976 .
Neither my sister number2 or me can figure out what is best because she has two daughters and we also feel benevolent towards them .
Would we need a deed of variation to distribute the estate this way .

Gingernutty

The son of Sister 1 inherits his mother's share.

The daughters of Sister 2 get nothing as their mother is still alive.

p00hsticks

drumbasher4 wrote: »

There seems to be some confusion as to the distribution of my dads estate as I have a
nephew who is the son of my deceased sister number 1.
Some say it is a 50/50 split between me and sister number 2 and some say it should
be split three ways including my nephew not born in 1976 .
Neither my sister number2 or me can figure out what is best because she has two daughters and we also feel benevolent towards them .
Would we need a deed of variation to distribute the estate this way .

It's not up to you to "figure out what is best", it's up to you (or whoever is the executor of the dad's will) to ensure that the terms of his will are carried out. If you're not sure how to interpret the wording, then you are best consulting a solicitor.

If the will's been professionally drawn up, then it should make clear what is to happen in cases where some of the potential beneficiaries die before the person leaving the will - does it pass to the deceased beneficiaries children (which is what would happen under the intestacy rules if there was no will ) or is the estate simply divided between those children who have outlived the deceased .

baza52

Agree, the bequest still stands and the son is entitled to his mothers share.
Any money given to the sisters children will have to come from yourself or their mums share.

pmlindyloo

Some useful information in this previous thread:

https://forums.moneysavingexpert.com/discussion/4290133

theoretica

baza52 wrote: »

Agree, the bequest still stands and the son is entitled to his mothers share.
Any money given to the sisters children will have to come from yourself or their mums share.

If the nephew is over 18 he could also agree to give money to his cousins.

McKneff

Gingernutty wrote: »

The son of Sister 1 inherits his mother's share.

The daughters of Sister 2 get nothing as their mother is still alive.

Just this exactly....


So sorry about your mam....

Keep_pedalling

theoretica wrote: »

If the nephew is over 18 he could also agree to give money to his cousins.

Or you and / or your surviving sister could pass some of your inheritance on to her children.

p00hsticks

Gingernutty wrote: »

The son of Sister 1 inherits his mother's share.

I'm sorry, but as per my earlier post, I don't think this is necessarily true. It would be the case if there was no will, but there is. And therefore what should happen in the case of a potential beneficiary pre-deceasing will depend on exactly what the will says - whether the share passes down to that person descendants, or is simply shared between the surviving beneficiaries.

Yorkshireman99

drumbasher4 wrote: »

Hi everybody ,
My Dad died in may 2015 and his will dated 1976 states that he leaves his estate to myself
and my two sisters in equal shares .
For the sake of clarity I shall call them sister number 1 and sister number 2 .
Sister number1 died in the beginning of march 2012 and my mum died at the end of
march 2012 ........ in mums mirror will she left her estate to my dad.
My dad by then was not fit to change his will .
This leaves me and sister number2 .....
There seems to be some confusion as to the distribution of my dads estate as I have a
nephew who is the son of my deceased sister number 1.
Some say it is a 50/50 split between me and sister number 2 and some say it should
be split three ways including my nephew not born in 1976 .
Neither my sister number2 or me can figure out what is best because she has two daughters and we also feel benevolent towards them .
Would we need a deed of variation to distribute the estate this way .

It is not a question of what is best. The executors must distribute the estate strictly according to the law as they have no discretion. The wording of the will is crucial. Since you are in doubt you really must get paid for professional advice. Of course a DOV may be possible if all beneficiaries who are affected agree. This cannot be done if any of the beneficiaries are aged under 18.

drumbasher4

Thanks everybody we will go and get some legal advice and I might come back
with the results .