mom unsure of one aspect of her will

tightwadess

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gettingtheresometime

I guess the question to ask is that if one of your daughters, God forbid, pre decease your mum, what does she want to happen to that share?

As an example my mum has left her estate to me & my sister equally. If either one of us was to pre decease my mum, our respective share would go to our respective offspring - so in my case my 50% would go to my son whilst my sisters 50% would be split between her 3 children. None of the children are specifically named, I presume on the extremely unlikely off chance that more grandchildren appear - I assume if they had been named that in the unlikely event happening, and either my sister or i pre deceased my mum, then the unnamed grandchild wouldn't get a share (if that makes sense!)

I would have thought your mums will would cover the situation and tbh it's a personal choice as to what happens in this situation.

Lorian

tightwadess wrote: »

Any thoughts ??

It's entirely down to what you mother wants to happen, she can choose either scenario, communicate it to the solicitor and they will word it.

tightwadess

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Lorian

Its not dealt with by the section you are quoting. perhaps it will go to the residual legatee, but not necessarily, we can't tell with out see more/all of the wording. She's paying the solicitor to have someone to be able to ask these sort of questions of, don't be afraid to ask.

tightwadess

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getmore4less

"per stirpes" is worth a bit of research.

the other thing that can mess up the inheritance tree is commorientes

might be worth doing a death tree to cover the carious scenario and see where the assets end up.

by using the per stirpes approach then it covers new issue(kids).

also worth checking you cover nearly born.

tightwadess

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Spendless

My Grandmother wrote her will to leave 50% to my Mum (her daughter) and 25% each between me and my sister (Granddaughters).

If Mum should die before Gran, Mum's share is split between me and my sis.

If either me or sis die before Gran our share goes to our children (we have two each).

All of us are married to the Father of our children, but the will follows the blood-line and misses out any spouses.

tightwadess

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getmore4less

But that same scenario can happen if one dies after grandmum.


Are you sure it say falls into her estate that could have been wound up years before.