Help needed with Will/Inheritance "rules"

MysteryMan

Can someone explain what the default action is for inheritance in our situation, please?

I am married and have 2 grown-up children.

The basic wills should be simple....

• When one of us dies - their share of estate passes to surviving spouse
• When second of us dies - estate shared between our 2 children

However, what I am grappling with is what happens if one of our children has died before us.

We would not want that child's share to go to the other child and would rather it goes to the spouse of the deceased child or, if they are not around (divorce or death) then it would go to their children.

Is this what would happen by default or would we need something specific written into the wills?

Thanks

lisyloo

My understanding is that the default rules would not Give you want you want,

https://www.boltburdon.co.uk/yourlife/probate/intestacy-rules/

I cant see children’s spouses included.

Do bear in mind future children not born/adopted yet and also any future step-children from other relationships.

Using a solicitor is the best way to get what you intend.
There are lots of charities that will help with the cost in return for a bequest.

MysteryMan

lisyloo wrote: »

My understanding is that the default rules would not Give you want you want,

https://www.boltburdon.co.uk/yourlife/probate/intestacy-rules/

I cant see children’s spouses included.

Do bear in mind future children not born/adopted yet and also any future step-children from other relationships.

Using a solicitor is the best way to get what you intend.
There are lots of charities that will help with the cost in return for a bequest.

Thanks for reply and will check out the link.

Yes, I started the process of a "Charity Will", but, was put off by the behaviour and extra charges the solicitor was trying to pile on. Free it most certainly wasn't!

MovingForwards

I leave my estate to my wife, providing she survives me for 28 days.....

if she fails to survive me, or live for 28 days, I leave my estate to child A and child B in equal shares....

should either of child A or child B predecease me leaving issue (basically a child, or children), including adopted or not yet born (can't think what the legal wording is), I leave the share to him/her/them that would have his/her/their parent (name of parent(s) ) in equal shares upon him/her/then attaining the age of.....

Its all straight forward for a solicitor and good planning to cover everything.

If the grandkid(s) are also teenagers/had a kid you could also include a bit about if child A or B's issue (kid(s) )predeceases leaving issue (your great-grandkids).....they get the bit that would have gone to their parent.

Mojisola

MovingForwards wrote: »

I leave my estate to my wife, providing she survives me for 28 days.....

if she fails to survive me, or live for 28 days, I leave my estate to child A and child B in equal shares....

should either of child A or child B predecease me leaving issue (basically a child, or children), including adopted or not yet born (can't think what the legal wording is), I leave the share to him/her/them that would have his/her/their parent (name of parent(s) ) in equal shares upon him/her/then attaining the age of.....

Its all straight forward for a solicitor and good planning to cover everything.

If the grandkid(s) are also teenagers/had a kid you could also include a bit about if child A or B's issue (kid(s) )predeceases leaving issue (your great-grandkids).....they get the bit that would have gone to their parent.

None of this is necessary if the will includes a clause such as "I leave my estate to child A and child B in equal shares and I direct that Section 33 of the Wills Act 1837 shall be specifically incorporated in this clause."

MovingForwards

Depends on the solicitor drawing up the will, they try and do it so people can deal with probate themselves and not add too many things that need a bit of internet searching at a difficult time.