Inheritance Question

UE40KU6000

I have a will that leaves my estate in equal shares to my two adult daughters as named beneficaries. No substitute beneficaries are named in my will. One daughter has two small children the other has no children. In the event of my death and where the daughter with two children dies very shortly after and does not inherit her share of the estate, is there something in law that says her two children would inherit her share between them? And if the children were under the age of 18 at the time of their mothers death how would this affect their inheritance?

Keep_pedalling

Unless your will states otherwise your daughter’s Children would inherit should she pre- decease you or die after you but before receiving her inheritance.

If your childless daughter pre-deceased you, your other child would inherit everything. If she died just after you her share would be distributed as per her will or under the laws of intestacy.

Marcon

UE40KU6000 said:

I have a will that leaves my estate in equal shares to my two adult daughters as named beneficaries. No substitute beneficaries are named in my will. One daughter has two small children the other has no children. In the event of my death and where the daughter with two children dies very shortly after and does not inherit her share of the estate, is there something in law that says her two children would inherit her share between them? And if the children were under the age of 18 at the time of their mothers death how would this affect their inheritance?

From this and your other recent questions on wills, it sounds as if updating your will might be your best option, to ensure that you and your wife achieve exactly what you'd like to achieve? I'm sorry if that sounds unhelpful, but it might actually be the best approach.

Marcon

Keep_pedalling said:

Unless your will states otherwise your daughter’s Children would inherit should she pre- decease you or die after you but before receiving her inheritance.

If the daughter dies after OP but before receiving her inheritance, then the children don't necessarily inherit. Depends on the terms of the daughter's will, if she made one. If she dies intestate and leaves a husband, he will inherit.

UE40KU6000

What does "after OP" mean in your post? If she fails to inherit wouldnt that mean any terms in her will (if she has one) would not apply as she hasnt inheriited anything?

user1977

UE40KU6000 said:

What does "after OP" mean in your post?

After you. You are the Original Poster i.e. the person who started the thread. 

If she fails to inherit wouldnt that mean any terms in her will (if she has one) would not apply as she hasnt inheriited anything?

It would fall to her estate initially, but it's possible her Will would state something else happens in those circumstances.

Mojisola

UE40KU6000 said:

I have a will that leaves my estate in equal shares to my two adult daughters as named beneficaries. No substitute beneficaries are named in my will. 

One daughter has two small children the other has no children. 

In the event of my death and where the daughter with two children dies very shortly after and does not inherit her share of the estate, is there something in law that says her two children would inherit her share between them? 

And if the children were under the age of 18 at the time of their mothers death how would this affect their inheritance?

Your will leaves the estate 50/50 between the children.  

If they are both alive when you die, that's how the estate is divided.

If one of them dies after you die, her share will be part of her estate whether she has actually received the money or not and will be divided according to her will or the rules of intestacy.

If the daughter with no children dies before you, your surviving daughter will inherit the whole estate.

If the daughter with children dies before you, unless your will forbids it, her share will be divided between her children - the Wills Act 1837, section 33(1).

If they are under 18, the money will be kept in trust, usually looked after by their closest relative such as their father unless you specify different trustees in your will.

A good solicitor will talk you through the 'what ifs' and make sure your will provides for some of these eventualities.