In the event of my death can I leave my share of my mother's will to someone else?

biggysmaller

I am a 1/4 beneficiary in my mother's will and am currently unable to change the will. Can I create a will or a document that states in the event of my death, my share of the will can be passed on to someone else?

I believe I can make a legal document specifying the distribution of my share of the will. Does anyone know what this document is called and can I do it online?

frugalmacdugal

Hi,

if your mother dies before you then you can make a will, if you die before your mother then your mother can change her will.

la531983

https://www.howellslegal.co.uk/news/post/What-Happens-If-a-Beneficiary-of-a-Will-Dies#:~:text=If a beneficiary dies between,are exceptions to this rule.

No idea if this is helpful, it suggests the split would revert to a 1/3 split between the three surviving children if you go before your mum does. There is a link on there to the limited exceptions though. 

biggysmaller

frugalmacdugal said:

Hi,

if your mother dies before you then you can make a will, if you die before your mother then your mother can change her will.

You missed the point.
My mother has not the mental capacity to change her will. 
I would like to know how I can specify the distribution of my share of the will should I die. 

la531983

biggysmaller said:

frugalmacdugal said:

Hi,

if your mother dies before you then you can make a will, if you die before your mother then your mother can change her will.

You missed the point.
My mother has not the mental capacity to change her will. 
I would like to know how I can specify the distribution of my share of the will should I die. 

I know that. That link suggests she can't leave money to a dead person regardless. Do the exceptions on that link cover your scenario though? It's a HMRC page so full of lovely legal jargon. 

frugalmacdugal

Hi,

biggysmaller said:

frugalmacdugal said:

Hi,

if your mother dies before you then you can make a will, if you die before your mother then your mother can change her will.

My mother has not the mental capacity to change her will.

you didn't mention that in your first post.

Savvy_Sue

biggysmaller said:

frugalmacdugal said:

Hi,

if your mother dies before you then you can make a will, if you die before your mother then your mother can change her will.

You missed the point.
My mother has not the mental capacity to change her will. 
I would like to know how I can specify the distribution of my share of the will should I die. 

I think the point is that if you die before your mother, there may not be any inheritance coming your way. If you have children of your own, then via HER will, your share would pass to them UNLESS that is specifically excluded. 

So, if you wish your current estate to go to X, but any future inheritance from your mother (assuming she dies before you) to go to Y, then you'd need to put that in your own will, and take advice from a solicitor about how your bequest from your mother is to be identified. 

Far simpler to write a will which covers your estate regardless of whether you have inherited from your mother or not. After all, you don't know how large her estate will be, and you don't know what your own needs will be. 

Keep_pedalling

No you can’t do this, unless your mother’s will specifies otherwise your inheritance will go to your children if you have any, or if not spit equally with your siblings.

doodling

Hi,

If you die before your mother then one of two things will happen depending on how her will is written:

1. The bequest from your mother fails, falls back into her residual estate and is redistributed (i.e. the beneficiaries now get 1/3 of your mother's estate each).

2. The bequest from your mother ends up with someone else, as dictated by her will.  For example most wills are written so that if a beneficiary dies, their children receive the bequest.

Note that a will may be written so that if (2) is not possible (e.g. you have no children) then (1) happens instead.

Your will can only deal with what you have when you die.  If you are trying to deal with something that happens after your death (e.g. your mother dying) then that is not possible and what happens then is dealt with by your mother's will.

If you are wanting to do something with a bequest from your mother which you receive when you are alive then there are several options:

A ) You could just give the money to the person you want to have it.

B ) You could do a Deed of Variation to your mother's will diverting what you would have received to another person.

C ) You could stick the money in an account somewhere and write what you want to happen to it in your will, if you did not want the recipient to get it until you died.

msb1234

My mum’s will left everything to be split between 5 beneficiaries. It did not state that should 1or more of those beneficiaries have died before her, their part goes to someone else. Therefore, if that had happened, the estate would be split between the remaining beneficiaries.
what is the exact wording on her will? 

nom_de_plume

msb1234 said:

My mum’s will left everything to be split between 5 beneficiaries. It did not state that should 1or more of those beneficiaries have died before her, their part goes to someone else. Therefore, if that had happened, the estate would be split between the remaining beneficiaries.
what is the exact wording on her will? 

In your example, if any of the beneficiaries died before your mother and the beneficiary is a child or remoter issue of the deceased, their inheritance would only be split amongst the remaining beneficiaries if they had no children of their own. The default situation is that children of pre-deceased beneficiaries that are children or remoter issue of the deceased inherit unless the Will specifies otherwise.

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084