Who receives the share

Lizmartin

Can anyone help ? My uncle has passed away .. He made a will including my 3 aunts & my father .. But before my uncle passed my father passed & the will was not changed .I have 2 siblings .. So who should get my fathers share of my uncles will ?should it be myself & my siblings . We live in Scotland .

Keep_pedalling

That will depend on the wording of the will. If the will does not state what should happen in the event of one of the beneficiaries pre deceasing the testator, then your father's share with pass to you and your siblings.

If on the other hand the will stipulates that your uncles estate is to be passed to his surviving siblings then your father's share will go to his surviving siblings.

PasturesNew

It also depends what your dad's will said. If his will said "all to the cats' home, I hate my kids" - then you don't get it, the cats home get that too.

Rare, but it happens

Mojisola

PasturesNew wrote: »

It also depends what your dad's will said. If his will said "all to the cats' home, I hate my kids" - then you don't get it, the cats home get that too.

Rare, but it happens

The father's will won't come into play here.

Because he died before his brother, that inheritance doesn't ever become part of his estate.

As Keep pedalling said - it will either be divided between the deceased's brothers children or go to the surviving siblings, depending on the wording of the will.

Edit - see TBagpuss' post - unless the will provides for the deceased brother's share to go to his children, it looks like it will revert to the surviving siblings.

Lizmartin

Thanks ...very helpful

TBagpuss

Keep_pedalling wrote: »

That will depend on the wording of the will. If the will does not state what should happen in the event of one of the beneficiaries pre deceasing the testator, then your father's share with pass to you and your siblings.

If on the other hand the will stipulates that your uncles estate is to be passed to his surviving siblings then your father's share will go to his surviving siblings.

Actually, I think that's wrong way round - where the deceased beneficiary is a Child (or grandchild / great grandchild) then their share would automatically pass to their children,but this normally only applies where the beneficiary is a direct descendant of the testator.

As in this case, the testator and the beneficiary were brothers, not father and son, the gift would not automatically pass to the beneficiary's children (although the will may have been drafted to specifcally say that it would).

OP, you need to check what your uncle's will says, but if it doesn't specify, then I think the share which was left to your dad would fail. Which would probably result in what would have been your dad's share going to the surviving siblings in equal shares.

It looks as though there was a change in the law in Scotland earlier this year - from what I can see, the new law came into effect on 4th March this year.

The relevant law is the Succession (Scotland) Act 2016 (s.6)

http://www.legislation.gov.uk/asp/2016/7/pdfs/asp_20160007_en.pdf

If your uncle died before 4th March this year then the previous law will apply - if that is the case then you'd need to check whether the position was any different for a niece or nephew.

None of which would prevent your surviving aunts/uncles from agreeing to share, if they wanted to.

Keep_pedalling

Whoops! I missed the Scotland thing, in England the children of the beneficiary would definitely inherit, in Scotland things look more complicated.

Tipsntreats

I am just being curious. My husband was contacted some years ago, stating he was to inherit from an unknown relative. It was from his Fathers side. As his Father had passed away, many years ago, it then passed on to his children. I remember how cross his Mother was, saying it should go to her.
It wasn't a great amount in the end, as it was shared among my husbands nine siblings. However, the link here is that the relative lived and died in Scotland. All of the beneficiaries live in England.
The will as far as I can recall, never stated that the money would pass to the next generation. It just did. Let us all know how it does turn out.
Tips

LutonGirl

Similar situation happened to a friend of mine. His Father remarried and lived in Scotland. Left £20k each in his will to his three (now grown up) sons from his first marriage (no children from second marriage).

Of the three sons, the eldest sadly died just weeks before his Father and his £20k share passed to his 4 children, not shared between the two remaining siblings. This has given the family another headache because the eldest brother also had a child in his teens and the child and his mother have seemingly disappeared off the face of the earth. They are still trying to track this person down to give him his inheritance.

Scottish law is significantly different to English, regardless of where the beneficiaries live.

Mojisola

LutonGirl wrote: »

Of the three sons, the eldest sadly died just weeks before his Father and his £20k share passed to his 4 children, not shared between the two remaining siblings.

An inheritance will pass down the direct blood line so if a child has died, his/her share would be passed on any children (grandchildren of the testator).

TBagpuss

Keep_pedalling wrote: »

Whoops! I missed the Scotland thing, in England the children of the beneficiary would definitely inherit, in Scotland things look more complicated.

Even in England, this only applies where the deceaded beneficiary is a chidl or other direct descendant of the testator. It doesn't apply to other situations such as this one, where the original beneficiary was the brother of the testator, not his son or grandson.