Predecease when a beneficiary, remaindermen? Confused!

Mattypompy99

Hi guys.

I was wondering if anyone can illuminate this scenario please!

So, my father died 7 years ago but remarried and my step mother is still alive living in the marital home as a life interest.
His Will states that the house is split 5 ways when she dies, to her children and me and my sisters.

My question is if I die before her is my proportion shared equally between the other 4 beneficiaries (remaindermen?) or does it go to my estate and is distributed as such when she dies?

I'd like to know as if I can amend my Will so her kids don't get some of 'my' share I'd like to. She is goldigger and selfish I'm afraid.

Ta

unforeseen

Your will will have no bearing on how the distribution in your father's will is done. 
Whether it is split between the remaining beneficiaries or your portion is part of your estate is dependent on the wording in the will. 

Mattypompy99

Thanks for the response Unforeseen.

My Dad's Will is silent on what would happen to my legacy if I die before my step mother, that's the source of confusion. It is a poorly worded document to boot. Any further thoughts?

unforeseen

You already own a fifth of the house effectively. But the cash from it will only be available to your estate once the terms of your father's will are met.
Until that time, on your death, your estate will have a fifth interest in the house to be dealt with, not the cash sum. How you deal with it is your call. 

Mattypompy99

So essentially the 1\5 proportion will go to my estate as an interest if I die first. Then when she dies it will be dispersed as per my Will as the property will become saleable as the beneficial interest can be executed?

The fact that his Will is silent means on, what happens if a beneficiary predeceases her, that it will by default be attributed to my estate upon her death?

Are you 100% certain?! 

Thanks again!

Keep_pedalling

Mattypompy99 said:

So essentially the 1\5 proportion will go to my estate as an interest if I die first. Then when she dies it will be dispersed as per my Will as the property will become saleable as the beneficial interest can be executed?

The fact that his Will is silent means on, what happens if a beneficiary predeceases her, that it will by default be attributed to my estate upon her death?

Are you 100% certain?! 

Thanks again!

I am not sure you said what you meant to there. Your share of the house will form part of your estate should you die before her. If any of the other beneficiaries die before her their share will form part of their estate. 

xylophone

So, my father died 7 years ago but remarried and my step mother is still alive living in the marital home as a life interest.
His Will states that the house is split 5 ways when she dies, to her children and me and my sisters.

Your father was the sole legal and beneficial owner of the property at date of death?

Then your stepmother does not own the property - she has a some form of life interest/right of residence according to the exact terms of the will.

The Land Registry were informed of the death of the sole proprietor and the property now stands in the names of the Trustees?

Dox

You've already seen the issues arising when a will is poorly worded, so doubtless you'll be seeking advice from a solicitor to ensure yours is properly done. Give the solicitor a copy of your father's will and get advice on the house issue while they're sorting out your will.

Mattypompy99

Keep_pedalling said:

Mattypompy99 said:

So essentially the 1\5 proportion will go to my estate as an interest if I die first. Then when she dies it will be dispersed as per my Will as the property will become saleable as the beneficial interest can be executed?

The fact that his Will is silent means on, what happens if a beneficiary predeceases her, that it will by default be attributed to my estate upon her death?

Are you 100% certain?! 

Thanks again!

I am not sure you said what you meant to there. Your share of the house will form part of your estate should you die before her. If any of the other beneficiaries die before her their share will form part of their estate. 

Yes that's what exactly I meant! My point being that if I die before her my 1\5 interest is NOT shared between the remaining living beneficiaries. Thanks for the guidance though.
Are you 100% certain on that assertion though?

Thank you

Mattypompy99

xylophone said:

So, my father died 7 years ago but remarried and my step mother is still alive living in the marital home as a life interest.
His Will states that the house is split 5 ways when she dies, to her children and me and my sisters.

Your father was the sole legal and beneficial owner of the property at date of death?

Then your stepmother does not own the property - she has a some form of life interest/right of residence according to the exact terms of the will.

The Land Registry were informed of the death of the sole proprietor and the property now stands in the names of the Trustees?

The property was TIC and they had mirror Wills that have potentially contradictory clauses. Multiple solicitors have looked at it and commented on its incoherence. She is one of the trustees with her kids and my sister I believe.

I don't have it with me atm but it says in one clause she can downgrade and keep the entire profit to herself. Needless to say my sisters and I are irked, to say the least, that she can essentially disinherit us when he contributed most to the property.

Thank you.

Mattypompy99

Dox said:

You've already seen the issues arising when a will is poorly worded, so doubtless you'll be seeking advice from a solicitor to ensure yours is properly done. Give the solicitor a copy of your father's will and get advice on the house issue while they're sorting out your will.

Yep. I did my Will about 3 years ago. We went through my Dad's Will and he was a little bemused by it but if I recall he did say if a beneficiary predeceases her their legacy would go to their estate on death. I just can't remember if that's exactly what he said hence my post! I may go back.

Thank you for helping.