Beneficiary died, who inherits?

Keep_pedalling

What does your mother want to happen to the share that would have gone to him?

thegreenone

2/3rds to you and the other 1/3rd split between the daughters.  Mum needs to amend her Will, sharpish.

TBagpuss

Nyankochan_2 said:

p00hsticks said:

Nyankochan_2 said:

Thanks for the replies so far, this is very informative. FYI he died in Belgium, and as far as I can see the rules of inheritance there go children and grandchildren as equal first inheritors. His daughters have seven kids between them, so that's actually quite a big subdivision. However I don't think he actually had Belgian citizenship, so it may not apply?

https://www.angloinfo.com/how-to/belgium/money/pensions-wills/inheritance-law

I think the take-home message here is, the people who say mum needs to get a new will or change the existing one ASAP are right!

I don't think where he died / was resident is relevant.

It's where your mother is resident (and will be when she dies) and what the exact wording of her will says that will determine how her estate is distributed.

My reading of the website I linked to is that Belgian inheritance law applies to people who are resident there, so if mum dies without changing the will, my brother's share then becomes part of his estate, and his estate is then subject to Belgian law. Happy to be corrected if I'm misinterpreting though.

No, it doesn't go into his estate. It goes directly to his daughters.  (subject to the wording of Mum's will)
The default, unless mum's will specifically provides otherwise, is that is a beneficiary who was a child of the deceased person dies before them, their shares goes to their own children in equal shares.

So it's as iff you mum's will, instead of reading" 13 to my son" read " 1/3 to be divided between my son's children"

If you mum had died first, and then the son dies after her but before he had actually received the money from her estate, then the situation would be different and in that case (absent any relevant survivorship clause) the funds would be paid to his executors and distributed in accordance with his will or intestacy, in which case Belgian law might have applied. 

getmore4less

The starting point is what the fathers will says, then the mothers


Often to protect from the second to die from disinheriting their step child life trusts are use.

Mojisola

getmore4less said:

The starting point is what the fathers will says, then the mothers

Often to protect from the second to die from disinheriting their step child life trusts are use.

Both the OP and brother are the children of the same mother.

getmore4less

Mojisola said:

getmore4less said:

The starting point is what the fathers will says, then the mothers

Often to protect from the second to die from disinheriting their step child life trusts are use.

Both the OP and brother are the children of the same mother.

Although not expected the wills should have covered the case where the mum died first and may have include a trust in both.

Still needs checking..