Is this will now invalid?

Photomadsue

Hello there. I stumbled upon this very useful forum and I am hoping that you can help me with a question.

My 89yr old widowed mother now lives with myself and my husband on a palliative care package and I am her main carer. My mothers will was written in 1999. In it, she left her house and it's contents to my brother and 2/3rds of her money to myself, 1/3rd to my brother. Provision was made for my father to continue to live in the house until he died should my mother predecease him. No mention was made of her wishes if my brother died, but if I died before her, my share would pass to my four children. My brother was unmarried and did not have children.

My father died in 2004 and sadly my brother passed away in 2019, so now she just has me and my four grown children.  My mother always said she would update her will when my brothers affairs were sorted out. She never did and she now has dementia which has reached a stage where she may not be considered fit enough to make a will. I have the application for POA underway and should receive that at the end of June. 

An offer has been accepted on her house and it looks as if that will all go through before she passes away. All her assets will then be money in her bank. Do we need to try and get my mother to make a new will or will everything just revert to me as my brother is not alive to receive his share? There were no other beneficiaries. My brother did not leave a will and everything just went to my mother as next of kin. I was thinking that maybe that would be how things worked with my mothers will. Can anybody help with your thoughts please? 

Thank you in advance. 


 

naedanger

I am fairly sure your brother's share will go to you though I am not entirely sure through what mechanism e.g. it might be because you will be your brother's closest living relative, OR his share may be treated as 0% and all other share up'ed accordingly (which since you are the only remaining beneficiary means you will get the lot) OR his share will be regarded as being intestate (and you will get that via the intestacy rules as your mother's closest living relative). [My guess is the second reason.]

If worried you could ask a solicitor to confirm, though they may well charge (though they may not in the hope you give them some business when it comes to be administered).

Mojisola

As your brother has died before your mother and he didn't have any children, his share will revert to you, the only surviving beneficiary.  If you want to pass some of the inheritance on to your children, you can do a deed of variation so that happens. 

Keep_pedalling

Presumably the house has been sold, so even if your brother was still alive that bequest will have failed.

Photomadsue

Thank you so much for your prompt replies. I am wishing to avoid troubling my mother in her present condition worrying about making a new will, even if a solicitor were to find her fit to do so. Yes, the house has been sold STC. I don't know what would happen if mum passes away before the contracts are signed, but I'm trying not to worry about things that might not happen. Thank you once again. 

getmore4less

There are a few threads on here about the issues with a sole owner passing before contract and after contract but before completion.

It does cause delays but one of those things you deal with if and when you have to.

one thing you have not covered is was the house always just your mothers or did your father part own it as well?

If he did then you may need to go back to what his will said as it may have implications eg if that also contained life interests.

Chances are it will all unravel to end up with you but best to check.
might be more important if the assets are substantial and into IHT territory.

Marcon

Photomadsue said:

Hello there. I stumbled upon this very useful forum and I am hoping that you can help me with a question.

My 89yr old widowed mother now lives with myself and my husband on a palliative care package and I am her main carer. My mothers will was written in 1999. In it, she left her house and it's contents to my brother and 2/3rds of her money to myself, 1/3rd to my brother. Provision was made for my father to continue to live in the house until he died should my mother predecease him. No mention was made of her wishes if my brother died, but if I died before her, my share would pass to my four children. My brother was unmarried and did not have children.

My father died in 2004 and sadly my brother passed away in 2019, so now she just has me and my four grown children.  My mother always said she would update her will when my brothers affairs were sorted out. She never did and she now has dementia which has reached a stage where she may not be considered fit enough to make a will. I have the application for POA underway and should receive that at the end of June. 

An offer has been accepted on her house and it looks as if that will all go through before she passes away. All her assets will then be money in her bank. Do we need to try and get my mother to make a new will or will everything just revert to me as my brother is not alive to receive his share? There were no other beneficiaries. My brother did not leave a will and everything just went to my mother as next of kin. I was thinking that maybe that would be how things worked with my mothers will. Can anybody help with your thoughts please? 

Thank you in advance. 


 

To answer the question in the title of your post: the will remains valid, but the bequest to your brother will fail. As you are the only other beneficiary, you inherit his share unless there is anything in the wording of the will to indicate otherwise (doesn't sound as if that is the case, from what you say) and you are named as a residuary beneficiary. If you aren't, then it is likely that your mother's will means she is 'partially intestate' (in respect of whatever your brother would have inherited had he lived) and, under the laws of intestacy, his share will pass to you.

Photomadsue

Thankyou all. The home was just in my mothers name. My parents separated for a time and bought their own properties. When my father moved back in with my mother the home remained in her name.