what happens to that money should she die before probate is sorted out.

royP_2

My wife has been left a sum of money by her brother, what happens to that money should she die before probate is sorted out etc.
We ask the question as we are both in our late eighties.
Thankyou.

DE_612183

It's part of her estate - so goes to whoever is named in her will.

user1977

It's still treated as part of her estate.

RAS

royP_2 said:

My wife has been left a sum of money by her brother, what happens to that money should she die before probate is sorted out etc.
We ask the question as we are both in our late eighties.

Since she's survived her brother, it becomes part of her estate. Some wills require 28 days or similar before death but not all.

SadCodeMan

This wasn't really your question but, depending on quite what you had in mind, it might possibly be useful to look at a thing called a 'deed of variation'.

E.g. If you were worried enough about health and happy in the circumstances just to pass the inheritance now to someone else, then it might help. As I understand it, that would not then hit her estate at all (because she would not ever inherit it) but it would go instead to the person you have nominated in the variation.

I have never done one though so have no idea how hard it is (or even if I am quite right about being able to!)

I think you have still to be alive to be able to do this. I think there is a time limit of 2 years since the original person's death (her Brother)

mta999

Unless I misreading the question the OP is asking what happens if she dies before her brother.

In this case it is if the bequest was never made and it will remain part of the brother's Estate unless his will says for example in the events of her dying before him then it goes to her children or whatever

SadCodeMan

I thought the mention of probate suggested that this was in progress (i.e. that her brother had died).

As per my first line though, almost certainly not useful anyway!

Marcon

SadCodeMan said:

I thought the mention of probate suggested that this was in progress (i.e. that her brother had died).

That was certainly my take on it from the wording of OP's question.

SadCodeMan said:

This wasn't really your question but, depending on quite what you had in mind, it might possibly be useful to look at a thing called a 'deed of variation'.

I think you have still to be alive to be able to do this. 

A DofV can be done before or after the grant of probate, but you certainly can't do one if you're dead!

sheramber

The first post could be read either way.

Brother dead and inheritance in will. 

But, with reference to dying before probate is sorted  , that could mean the brother has not yet passed. 

Maybe the OP would clarify  what the position is.

poseidon1

sheramber said:

The first post could be read either way.

Brother dead and inheritance in will. 

But, with reference to dying before probate is sorted  , that could mean the brother has not yet passed. 

Maybe the OP would clarify  what the position is.

No need, one of his earlier posts makes it clear BIL passed some years ago, and estate admin appears to be a continuing source of aggro  hence his question in this thread- see link

https://forums.moneysavingexpert.com/discussion/6536770/probate-and-joint-executor-problems#latest

royP_2

SadCodeMan said:

I thought the mention of probate suggested that this was in progress (i.e. that her brother had died).

As per my first line though, almost certainly not useful anyway!

That's correct.