We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

What does this mean? - Predeceased child of testator

Options
jewellery10
jewellery10 Posts: 31 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 28 July at 4:30PM in Deaths, funerals & probate
My Mother-in-Law died in 2022 and the wording of part of her will includes the following

"to hold the residue thereof (hereinafter called "my Residuary Estate") UPON TRUST for such of my son E and my daughter V  as shall survive me and if more than one in equal shares absolutely PROVIDED THAT if any child of mine dies before me or before attaining a vested interest leaving issue who survive me then such issue shall on reaching the age of 18 years take equally the share which his her or their parent would otherwise have taken."

My Mother-in-Law had a 3rd child (my late husband) who predeceased her in 2009.Her will was written in 2011. There are 2 children from my marriage to my late husband, who were both under the age of 18 at the time the will was written.

What do you think should happen with the dispersal of the residuary estate?

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 20,822 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Unfortunately for your children it seems your MIL left them nothing and the residue of her estate goes to her 2 surviving children and no one else. 
  • sheramber
    sheramber Posts: 22,512 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    That reads that  the residue is left to.
    for such of my son E and my daughter V  as shall survive me

    Your husband isn’t mentioned.

    Although it says about  the issue if ANY of children share what their parent would have taken, he is not mentioned to take any of the residue. 


    It reads like a  badly written will


    Since she knew your husband had died when the will was drawn up she could have mentioned the children in the will if she wished them to receive anything. 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.