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  • FIRST POST
    • Olieng
    • By Olieng 12th Jun 19, 5:59 PM
    • 5Posts
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    Olieng
    Who is beneficiary of mothers estate?
    • #1
    • 12th Jun 19, 5:59 PM
    Who is beneficiary of mothers estate? 12th Jun 19 at 5:59 PM
    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.
Page 1
    • Mojisola
    • By Mojisola 12th Jun 19, 6:00 PM
    • 31,571 Posts
    • 80,928 Thanks
    Mojisola
    • #2
    • 12th Jun 19, 6:00 PM
    • #2
    • 12th Jun 19, 6:00 PM
    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.
    Originally posted by Olieng
    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.
    • Olieng
    • By Olieng 12th Jun 19, 6:04 PM
    • 5 Posts
    • 0 Thanks
    Olieng
    • #3
    • 12th Jun 19, 6:04 PM
    • #3
    • 12th Jun 19, 6:04 PM
    Hi Thank you for your reply. I omitted to say that he does have an adult son.
    • Keep pedalling
    • By Keep pedalling 12th Jun 19, 7:10 PM
    • 7,024 Posts
    • 8,253 Thanks
    Keep pedalling
    • #4
    • 12th Jun 19, 7:10 PM
    • #4
    • 12th Jun 19, 7:10 PM
    Hi Thank you for your reply. I omitted to say that he does have an adult son.
    Originally posted by Olieng
    In which case he would inherit his father’s share of your mother’s estate unless her will says otherwise.
    • Robin9
    • By Robin9 12th Jun 19, 8:04 PM
    • 4,981 Posts
    • 3,251 Thanks
    Robin9
    • #5
    • 12th Jun 19, 8:04 PM
    • #5
    • 12th Jun 19, 8:04 PM
    In which case he would inherit his fatherís share of your motherís estate unless her will says otherwise.
    Originally posted by Keep pedalling
    That would also depend on the brother's will
    Never pay on an estimated bill
    • MovingForwards
    • By MovingForwards 12th Jun 19, 8:06 PM
    • 2,402 Posts
    • 2,823 Thanks
    MovingForwards
    • #6
    • 12th Jun 19, 8:06 PM
    • #6
    • 12th Jun 19, 8:06 PM
    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.
    • Mojisola
    • By Mojisola 12th Jun 19, 8:07 PM
    • 31,571 Posts
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    Mojisola
    • #7
    • 12th Jun 19, 8:07 PM
    • #7
    • 12th Jun 19, 8:07 PM
    That would also depend on the brother's will
    Originally posted by Robin9
    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
    • By Mojisola 12th Jun 19, 8:09 PM
    • 31,571 Posts
    • 80,928 Thanks
    Mojisola
    • #8
    • 12th Jun 19, 8:09 PM
    • #8
    • 12th Jun 19, 8:09 PM
    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.
    Originally posted by MovingForwards
    If her will doesn't specifically prevent it, it's normal for the inheritance to go down the bloodline.
    • getmore4less
    • By getmore4less 12th Jun 19, 8:41 PM
    • 37,477 Posts
    • 23,141 Thanks
    getmore4less
    • #9
    • 12th Jun 19, 8:41 PM
    • #9
    • 12th Jun 19, 8:41 PM
    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.
    Originally posted by MovingForwards
    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
    Last edited by getmore4less; 14-06-2019 at 5:48 AM.
    • M_Python
    • By M_Python 13th Jun 19, 9:50 AM
    • 102 Posts
    • 255 Thanks
    M_Python
    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.
    Originally posted by Olieng
    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
    • By Flugelhorn 13th Jun 19, 10:08 AM
    • 1,568 Posts
    • 2,047 Thanks
    Flugelhorn
    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.
    Originally posted by M_Python
    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
    • M_Python
    • By M_Python 13th Jun 19, 10:11 AM
    • 102 Posts
    • 255 Thanks
    M_Python
    Doh! Sorry, I totally mis-read the OP. I did wonder why the OP kept referring to their mother as he/his!
    • getmore4less
    • By getmore4less 13th Jun 19, 10:27 AM
    • 37,477 Posts
    • 23,141 Thanks
    getmore4less
    His partner of about 15 years now wants them to get married before he dies.
    For the brothers partner the marriage may be a critical move for IHT purposes.

    It activates transferable nil rate band.
    • Olieng
    • By Olieng 13th Jun 19, 6:23 PM
    • 5 Posts
    • 0 Thanks
    Olieng
    My mother does have a will. It states that her whole estate to be divided between my brother and I, it does not specify anything about if either one of us were to die first.
    • Commy Trooper
    • By Commy Trooper 13th Jun 19, 6:25 PM
    • 164 Posts
    • 84 Thanks
    Commy Trooper
    Maybe brother wishes to provide for partner?
    15 years a long time
    • getmore4less
    • By getmore4less 13th Jun 19, 7:41 PM
    • 37,477 Posts
    • 23,141 Thanks
    getmore4less
    My mother does have a will. It states that her whole estate to be divided between my brother and I, it does not specify anything about if either one of us were to die first.
    Originally posted by Olieng
    Brothers kids get his share.
    • Manxman in exile
    • By Manxman in exile 13th Jun 19, 8:12 PM
    • 2,928 Posts
    • 2,623 Thanks
    Manxman in exile
    Brothers kids get his share.
    Originally posted by getmore4less

    Just for my education: if a beneficiary pre-deceases the testator, then that beneficiary's legacy goes to their children, if any? Even if the will is silent on this? I would always have presumed that the bequest would fail if not covered in the will.
    • Mojisola
    • By Mojisola 13th Jun 19, 8:17 PM
    • 31,571 Posts
    • 80,928 Thanks
    Mojisola
    Just for my education: if a beneficiary pre-deceases the testator, then that beneficiary's legacy goes to their children, if any? Even if the will is silent on this? I would always have presumed that the bequest would fail if not covered in the will.
    Originally posted by Manxman in exile
    If the beneficiary isn't a child (or grandchild and so on) of the deceased, that is the case.

    If the beneficiary is a child of the blood or an adopted child of the deceased, the inheritance goes down the blood line unless the will specifically says otherwise.

    www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084
    • Manxman in exile
    • By Manxman in exile 13th Jun 19, 8:31 PM
    • 2,928 Posts
    • 2,623 Thanks
    Manxman in exile
    If the beneficiary isn't a child (or grandchild and so on) of the deceased, that is the case.

    If the beneficiary is a child of the blood or an adopted child of the deceased, the inheritance goes down the blood line unless the will specifically says otherwise.

    www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084
    Originally posted by Mojisola

    Hm! I seem to be learning something new on MSE every day at the moment.
    • getmore4less
    • By getmore4less 14th Jun 19, 5:47 AM
    • 37,477 Posts
    • 23,141 Thanks
    getmore4less
    Its known as the Section 33 rule.
    http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33

    comes up on here regularly.
    Last edited by getmore4less; 14-06-2019 at 6:38 AM.
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