Will beneficiary

Doubleshotdamo

Hello. Can some explain what happens if a beneficiary in a will passes away before the will of the recently deceased has been settled? Do the assets pass to the beneficiaries children, even if they weren't present in their own will? 

Keep_pedalling

The assets pass to the beneficiaries estate unless there was a survivorship clause in the will and they did nor live the required length of time after the testator died. 

RAS

Did the child die before or after their parent? Was there any survivorship clause (say 28 days)?

If before, it depends on what the deceased's will says about succession. Some will say that on the death of a child, the money goes to any grandchildren, some might deflect it back to any other children and some may be silent. 

If after, the child's estate will inherit from the parent and it just adds to the amount distributed as instructed by the child's will.

Doubleshotdamo

RAS said:

Did the child die before or after their parent? Was there any survivorship clause (say 28 days)?

If before, it depends on what the deceased's will says about succession. Some will say that on the death of a child, the money goes to any grandchildren, some might deflect it back to any other children and some may be silent. 

If after, the child's estate will inherit from the parent and it just adds to the amount distributed as instructed by the child's will.

Parent died, will not settled, child dies. 

p00hsticks

Doubleshotdamo said:

RAS said:

Did the child die before or after their parent? Was there any survivorship clause (say 28 days)?

If before, it depends on what the deceased's will says about succession. Some will say that on the death of a child, the money goes to any grandchildren, some might deflect it back to any other children and some may be silent. 

If after, the child's estate will inherit from the parent and it just adds to the amount distributed as instructed by the child's will.

Parent died, will not settled, child dies. 

So the bequest from the parent forms part of the childs estate (assuming, as other have said, that the child  survived beyond the period of any survivorship clause in the parents will). 

Spendless

Someone will correct me if Im wrong but I dont think it makes any difference that the will hadnt been settled before the child died. The inheritance would go to the child's estate and who actually will inherit from there will depend on whether child had a will or has died intestate.

Unless as mentioned before parents will said that child had to survive him/her by so long and child died before that time frame was up. If thats happened then the parents will should say who inherits in child's place. 

p00hsticks

Spendless said:

Someone will correct me if Im wrong but I dont think it makes any difference that the will hadnt been settled before the child died. 

If the will had been settled before the child died then the child would already have been given the bequest and it would automatically form part of their estate when they in turn died. 

FlorayG

As far as I understand as long as there isn't a 'survivorship' clause that says the beneficiary has to live for x time after the bequeather dies then the amount that has been left to that beneficiary belongs to them on the day the bequeather dies. They can't access it until the will is settled but there's no argument that it's theirs and subject to their will
example; X writes a will that says "I leave everything to Y or if Y predecease me to Y's children"
X Dies
Y dies a month later
Y's will says "I leave everything to the local dogs home"
The dogs home gets everything, Y's children get nothing

poppystar

Doubleshotdamo said:

Hello. Can some explain what happens if a beneficiary in a will passes away before the will of the recently deceased has been settled? Do the assets pass to the beneficiaries children, even if they weren't present in their own will? 

I’m just wondering here if actually OP is referring to a situation where A dies then B dies who was in A’s will but B’s child C is not in B’s Will. In which case C would get nothing as the inheritance would go from A to B then to whoever B has in their Will. 

Spendless

p00hsticks said:

Spendless said:

Someone will correct me if Im wrong but I dont think it makes any difference that the will hadnt been settled before the child died. 

If the will had been settled before the child died then the child would already have been given the bequest and it would automatically form part of their estate when they in turn died. 

Well yes, (obvs- lol) but I was reading the question from the OP  as 'the money left to the child who died after the parent hadn't actually received the money/item yet so where/who does it go to?' 

poppystar

Spendless said:

p00hsticks said:

Spendless said:

Someone will correct me if Im wrong but I dont think it makes any difference that the will hadnt been settled before the child died. 

If the will had been settled before the child died then the child would already have been given the bequest and it would automatically form part of their estate when they in turn died. 

Well yes, (obvs- lol) but I was reading the question from the OP  as 'the money left to the child who died after the parent hadn't actually received the money/item yet so where/who does it go to?' 

AIUI the point at which it legally becomes the beneficiaries is on the death of the person whose Will it is (or at the end of any specified survivorship period) eventhough the money would only physically be theirs after the estate has been administered.