Help with the death of an executor and beneficiary (please!)

jonpickerill

Good Evening,

Please coud I ask you all for your help please

The scenario is :


Four people , 3 brothers and Sister

lets call them

J,O,R and P

All live in England

J dies and leaves a will to be split evenly between O,R and P

O,R and P are named executors of the will of J

Probate is granted , house of J is put on market etc

All good so far

Then,

P dies more than 1 month after J , but before the estate is settled and payments are made

P has no will

Where does P's share of the the inheritance left by J go to ?

Does it go to O and R equally , or how does P get his share when P is dead and has no will - how does he get paid ?

Any Help would be much appreciated

Kind Regards,

Jon ...

elsien

I would expect P’s share to still form part of his  estate once the sale is finalised and the intestacy rules to be followed with regards to what happens next as he has no will. So it would go to his beneficiaries once they have been identified. 

Flugelhorn

P's estate will still get the share

P's estate will be handled under intestacy rules - so spouse, parent, child, sibling etc etc 

polar_pig

P's estate gets the share. Do the following Q&A to determine where it then goes.

https://www.gov.uk/inherits-someone-dies-without-will

jonpickerill

thank you so much Flugelhorn for your help and swift response !

Kind Regards,

Jon ...

jonpickerill

thank you elsien and polar_pig for your help.

kind regards,

Jon .....

Marcon

[Deleted User] said:

P dies more than 1 month after J , but before the estate is settled and payments are made

Any 'survive' provision in J's will? It's quite common to have a bequest along the lines of '....provided xxxxx survives me by more than [....] days'.

jonpickerill

Thank you for your relpy Marcon , yes its stipulated as 30 days

Kind Regards,

Jon ......

Keep_pedalling

[Deleted User] said:

Thank you for your relpy Marcon , yes its stipulated as 30 days

Kind Regards,

Jon ......

It seems P survived more than 30 days so their share forms part of their estate even though it has not been distributed yet. The surviving executors need to pay that 1/3 share to the executor / administrator of P’s estate.

jonpickerill

Thank You Keep_pedalling !

Kind regards,

Jon ....