Beneficiary issues after death of brother

Staylor83

Was wondering where I stand. My grandad has left a will, and I quote from said will:

“Devise and bequeath all my estate to *me* and *my brother* for their own use and benefit provided that if either of them predecease me leaving a child or children living at my death who attain the age of eighteen years then such child or children shall take (and if more than one equally between them) the interest in my residuary estate which their deceased parent would have taken had he survived”

Sadly my mentioned brother has passed away, My question is, if my grandad was to pass away before my brothers children were to reach the age of 18. What would happen with my brothers share? Would I be entitled to it? Or would it go to his children? I’m confused with the wording of the will.

Any advice or clarification would be greatly appreciated.

Mojisola

AIUI, if Grandfather died before your brother's children were 18, his share would be kept for them.

If any of them died before they reached 18, their share would be divided between any siblings who lived to 18.

If none of his children reach that age, you would inherit your brother's share.

chesky

But you could get a deed of variation to enable his children to inherit their fathers share.

TBagpuss

Mojisola is correct. If your grandfather dies before your brother's children are 18, your brother's share is held on trust for his children, until they are 18, and it would only pass to you if all of his children died before they turned 18.

Tom99

chesky wrote: »

But you could get a deed of variation to enable his children to inherit their fathers share.

But they do already or do you mean Grandpa could now alter his will?