Who is beneficiary of mothers estate?

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[Deleted User]
[Deleted User] Posts: 0 Newbie
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in Deaths, funerals & probate
Hi My brother and I are sole beneficiaries of my mothers (still alive) estate. Basically just the house.
We have recently found that he has cancer and maybe only have app 6 months to live.
His partner of about 15 years now wants them to get married before he dies.
My question is if my brother dies before my mother, would his wife be entitled to half my mothers estate or would I be the sole beneficiary.
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  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Deleted_User wrote: »
    My question is if my brother dies before my mother, would his wife be entitled to half my mothers estate or would I be the sole beneficiary.

    No, unless your mother writes a will saying that will happen.

    If the two of you are her only beneficiaries and he doesn't have any children, then you will inherit it all.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    Hi Thank you for your reply. I omitted to say that he does have an adult son.
  • Keep_pedalling
    Keep_pedalling Posts: 16,641 Forumite
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    Deleted_User wrote: »
    Hi Thank you for your reply. I omitted to say that he does have an adult son.

    In which case he would inherit his father’s share of your mother’s estate unless her will says otherwise.
  • Robin9
    Robin9 Posts: 12,106 Forumite
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    Keep_pedalling wrote: »
    In which case he would inherit his father’s share of your mother’s estate unless her will says otherwise.

    That would also depend on the brother's will
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  • MovingForwards
    MovingForwards Posts: 16,925 Forumite
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    Does your mom actually have a will drawn up and signed?

    If so, what does it say about your brother pre-deceasing her?

    If it doesn't mention passing to his partner or son then it goes to you.

    If your mom doesn't have a will look up the intestacy rules and suggest your mom makes a will clearly setting out what she wants to happen to her estate when she dies.

    Assuming England and Wales as if Ireland / Scotland laws are different.
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  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Robin9 wrote: »
    That would also depend on the brother's will

    No, it wouldn't. That would only be the case if Mum died first and then the son.

    If the son dies before the mother, his estate doesn't inherit from her estate.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    MovingForwards wrote: »
    Does your mom actually have a will drawn up and signed?

    If so, what does it say about your brother pre-deceasing her?

    If it doesn't mention passing to his partner or son then it goes to you.

    If her will doesn't specifically prevent it, it's normal for the inheritance to go down the bloodline.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    edited 14 June 2019 at 6:48AM
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    MovingForwards wrote: »
    Does your mom actually have a will drawn up and signed?

    If so, what does it say about your brother pre-deceasing her?

    If it doesn't mention passing to his partner or son then it goes to you.

    If your mom doesn't have a will look up the intestacy rules and suggest your mom makes a will clearly setting out what she wants to happen to her estate when she dies.

    Assuming England and Wales as if Ireland / Scotland laws are different.

    The will has to express it does not go to the brothers son if that is what is wanted.

    The default is it passes down the blood line.

    edit to add:
    known as the section 33 rule
    http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33
  • M_Python
    M_Python Posts: 176 Forumite
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    Deleted_User wrote: »
    Hi My brother and I are sole beneficiaries of my mothers (still alive) estate. Basically just the house.
    We have recently found that he has cancer and maybe only have app 6 months to live.
    His partner of about 15 years now wants them to get married before he dies.
    My question is if my brother dies before my mother, would his wife be entitled to half my mothers estate or would I be the sole beneficiary.

    Surely, if they do get married, then her estate will go to him as her spouse wouldn't it? In which case, unless she makes a new Will after getting married specifically leaving something to her two children, they wouldn't get anything.
  • Flugelhorn
    Flugelhorn Posts: 5,584 Forumite
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    M_Python wrote: »
    Surely, if they do get married, then her estate will go to him as her spouse wouldn't it? In which case, unless she makes a new Will after getting married specifically leaving something to her two children, they wouldn't get anything.

    It is the brother who is ill and considering marriage, the OP is looking at what happens to Mother's estate if her son (OP's brother) predeceases his mother. Don't think Mother is looking at remarrying
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