Who is beneficiary of mothers estate?

[Deleted User]

Hi My brother and I are sole beneficiaries of my mothers (still alive) estate. Basically just the house.
We have recently found that he has cancer and maybe only have app 6 months to live.
His partner of about 15 years now wants them to get married before he dies.
My question is if my brother dies before my mother, would his wife be entitled to half my mothers estate or would I be the sole beneficiary.

Mojisola

Deleted_User wrote: »

My question is if my brother dies before my mother, would his wife be entitled to half my mothers estate or would I be the sole beneficiary.

No, unless your mother writes a will saying that will happen.

If the two of you are her only beneficiaries and he doesn't have any children, then you will inherit it all.

[Deleted User]

Hi Thank you for your reply. I omitted to say that he does have an adult son.

Keep_pedalling

Deleted_User wrote: »

Hi Thank you for your reply. I omitted to say that he does have an adult son.

In which case he would inherit his father’s share of your mother’s estate unless her will says otherwise.

Robin9

Keep_pedalling wrote: »

In which case he would inherit his father’s share of your mother’s estate unless her will says otherwise.

That would also depend on the brother's will

MovingForwards

Does your mom actually have a will drawn up and signed?

If so, what does it say about your brother pre-deceasing her?

If it doesn't mention passing to his partner or son then it goes to you.

If your mom doesn't have a will look up the intestacy rules and suggest your mom makes a will clearly setting out what she wants to happen to her estate when she dies.

Assuming England and Wales as if Ireland / Scotland laws are different.

Mojisola

Robin9 wrote: »

That would also depend on the brother's will

No, it wouldn't. That would only be the case if Mum died first and then the son.

If the son dies before the mother, his estate doesn't inherit from her estate.

Mojisola

MovingForwards wrote: »

Does your mom actually have a will drawn up and signed?

If so, what does it say about your brother pre-deceasing her?

If it doesn't mention passing to his partner or son then it goes to you.

If her will doesn't specifically prevent it, it's normal for the inheritance to go down the bloodline.

getmore4less

MovingForwards wrote: »

Does your mom actually have a will drawn up and signed?

If so, what does it say about your brother pre-deceasing her?

If it doesn't mention passing to his partner or son then it goes to you.

If your mom doesn't have a will look up the intestacy rules and suggest your mom makes a will clearly setting out what she wants to happen to her estate when she dies.

Assuming England and Wales as if Ireland / Scotland laws are different.

The will has to express it does not go to the brothers son if that is what is wanted.

The default is it passes down the blood line.

edit to add:
known as the section 33 rule
http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33

M_Python

Deleted_User wrote: »

Hi My brother and I are sole beneficiaries of my mothers (still alive) estate. Basically just the house.
We have recently found that he has cancer and maybe only have app 6 months to live.
His partner of about 15 years now wants them to get married before he dies.
My question is if my brother dies before my mother, would his wife be entitled to half my mothers estate or would I be the sole beneficiary.

Surely, if they do get married, then her estate will go to him as her spouse wouldn't it? In which case, unless she makes a new Will after getting married specifically leaving something to her two children, they wouldn't get anything.

Flugelhorn

M_Python wrote: »

Surely, if they do get married, then her estate will go to him as her spouse wouldn't it? In which case, unless she makes a new Will after getting married specifically leaving something to her two children, they wouldn't get anything.

It is the brother who is ill and considering marriage, the OP is looking at what happens to Mother's estate if her son (OP's brother) predeceases his mother. Don't think Mother is looking at remarrying