Beneficiary dies before testator

Agent_C

My grandmother has made a will leaving assets to her daughter (my mother) and her son. However her son (my uncle) is now very ill. What would be the situation if he predeceases my grandmother? Would her assets all pass to my mother or would my uncle's share go to his adult son? I can't seem to find a clear answer to this. Any advice gratefully received!

unforeseen

All depends on how the will is worded.

Yorkshireman99

Agent_C wrote: »

My grandmother has made a will leaving assets to her daughter (my mother) and her son. However her son (my uncle) is now very ill. What would be the situation if he predeceases my grandmother? Would her assets all pass to my mother or would my uncle's share go to his adult son? I can't seem to find a clear answer to this. Any advice gratefully received!

It depends what the will says and what the uncle’s will says.

getmore4less

Default, subject to specific wording to the contrary in the will, is per stirpes.

Yorkshireman99

getmore4less wrote: »

Default, subject to specific wording to the contrary in the will, is per stirpes.

All very well but how many novices know what the term means? It means that the children inherit.

Agent_C

Yorkshireman99 wrote: »

All very well but how many novices know what the term means? It means that the children inherit.

Thanks fellow Yorkshireperson! The will doesn't make any provision for my uncle dying first so I understand his share would go to my cousin if that happens.

Yorkshireman99

Agent_C wrote: »

Thanks fellow Yorkshireperson! The will doesn't make any provision for my uncle dying first so I understand his share would go to my cousin if that happens.

You need to check the exact wording.

Flugelhorn

Can you check will wording and if it does not reflect what granny wants then get it clarified / changed while she can still do so - suspect she would want grandchild to get their father's share but you never know

unforeseen

getmore4less wrote: »

Default, subject to specific wording to the contrary in the will, is per stirpes.

I understood that it had to be specified in the will otherwise the bequest fails.

getmore4less

unforeseen wrote: »

I understood that it had to be specified in the will otherwise the bequest fails.

Section 33 rules apply.

http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33

getmore4less

Yorkshireman99 wrote: »

It depends what the will says and what the uncle’s will says.

If the uncle is dead his will is not relevant as the bequests from his mother on her death would not fall into his estate.