Mother passed before grandmother

jamesk98jamesk98 Forumite
3 Posts
First Post
MoneySaving Newbie
my mum sadly passed and a  few months later my  grandmother passed my mother and brother were on the will and my mums brother is  currently selling the house. Would me and my sister be getting my mothers half of the sale of the house or will it go to my mums brother. I am my mother's next of kin if that helps thank you for your time as I am very confused 

Replies

  • poppystarpoppystar Forumite
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    As there was a Will the wording of that will be key. Do you have a copy? Can you ask your uncle?
  • jamesk98jamesk98 Forumite
    3 Posts
    First Post
    MoneySaving Newbie
    No I don't have a copy and we don't really speak so hard to get a copy of it .
    But I will try
    thank you 
  • jamesk98jamesk98 Forumite
    3 Posts
    First Post
    MoneySaving Newbie
    Just spoke to my sister she said the will says that my mum and uncle were the main Beneficiaries 

  • edited 26 September 2020 at 9:28AM
    elsienelsien Forumite
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    edited 26 September 2020 at 9:28AM
    You need the specific wording because some wills have a clause about what happens if a beneficiary pre-deceases the person whose will it is. 
    Some will pass it on to any children of the beneficiaries; others will give it to the remaining beneficiaries. Without knowing that, no-one here can answer your question. 
    Next of kin doesn’t really mean anything in legal terms. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Keep_pedallingKeep_pedalling Forumite
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    The default position is that your mother’s share would come to you unless there was a clause in the will to say otherwise.

    As your uncle Is selling the house it sounds like he has obtained probate, so you can get a copy of the will without having to approach him.

    https://www.gov.uk/search-will-probate
  • TBagpussTBagpuss Forumite
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    As keep peddling says, because this is a case where you are a direct descendant of the person who has died, the default is that your Mum's share automatically passes onto her children in equal shares. BUT if your grandmother wanted to, she could have worded the will to say that that was not to happen.

    So you would need to see the will, or simply ask your uncle to confirm that your mum's share will come to you and your sibling
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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