Inheritance

Katebowden

Hello,
Please can anyone help,
My partner's nan passed away 18th August 2017 and left a will stating the estate to split 3 ways between her 2 daughters and son. Her son passed away 5th February 2018,( without a will) in her will she also stated that if her son died she wanted the money to go back to her daughters. The inheritance hasn't been sorted yet as house is still going through sale. I know that if you died without a will it has to go to intestacy, but surely the will comes first?

Tigsteroonie

My understanding is that the deaths and wills/intestacy are dealt with in order - the clause regarding "if her son died" would only have been effective if he pre-deceased her. edit - unless it had for example a 6-month survivor clause, it'd be unusual to be that long.

So your partner's Nan's will stands, it is split three ways. The share that would go to her son, would then go to his heirs under intestacy rules.

[Based on England & Wales, don't know if Scotland is different]

Yorkshireman99

Katebowden wrote: »

Hello,
Please can anyone help,
My partner's nan passed away 18th August 2017 and left a will stating the estate to split 3 ways between her 2 daughters and son. Her son passed away 5th February 2018,( without a will) in her will she also stated that if her son died she wanted the money to go back to her daughters. The inheritance hasn't been sorted yet as house is still going through sale. I know that if you died without a will it has to go to intestacy, but surely the will comes first?

It depends on the exact wording of the will. Without nobody can tell.

Katebowden

Thanks for the reply, but she know her son didn't have long to live and did not want the money to go to his wife, I think they were under the impression this would count after she died.

Keep_pedalling

Katebowden wrote: »

Thanks for the reply, but she know her son didn't have long to live and did not want the money to go to his wife, I think they were under the impression this would count after she died.

In which case she should have changed her will, unless the will contains a clause saying he had to outlive her for a time period in excess the gap between the two deaths (highly unlikely) then his bequest should be passed to the administrator of his estate to be distributed as per the laws if intestacy, which will to his wife unless his estate is over £250k in which case between his wife and any children he may have had.

Yorkshireman99

Katebowden wrote: »

Thanks for the reply, but she know her son didn't have long to live and did not want the money to go to his wife, I think they were under the impression this would count after she died.

It still depnds on the exact wording of the will. Who is the executor and do they know what they are doing?

Katebowden

She had dementia in the last few years of her life and was determined that she was not sound of mind so could not change the will.
Her daughter is the executor and has had some legal advise.She has asked me to look at the will tomorrow, is there anything you could tell me to look out for? If we can't understand or find an answer tomorrow then we will go to a lawyer. Thanks so much x

badmemory

Unless the will says he has to survive for a certain period (but it is normally a month) then the money should go to him/then his estate. So the "survival for" clause is the one you should look for.

After all this discussion would not exist if the estate had been tied up in say 3 months would it?

Yorkshireman99

Katebowden wrote: »

She had dementia in the last few years of her life and was determined that she was not sound of mind so could not change the will.
Her daughter is the executor and has had some legal advise.She has asked me to look at the will tomorrow, is there anything you could tell me to look out for? If we can't understand or find an answer tomorrow then we will go to a lawyer. Thanks so much x

As I said before the exect wording of the will is crucial. Has theexecutor had paid for professional advice? If not, and she is in any doubt , she really must do so.