General Chat

when you make a will out and leave something to someone and that person dies before you.....then you die does that persons share go to their next of kin or does it get shared out between the others that was left in the will?

I don't think it automatically goes to next of kin, but I think that when making a Will you can direct that should Person A pre-decease you, then their share shall go to eg their 2 sons, X and Y.

Only people named in a Will wil inherit, not their kin.

Gwyn

Thanks Gwyn
would their share be divided between the others in the will then

When Heir Hunters chase up people, and find they have died, their share gets divided up between that person's children if any, so I would expect that to happen, even with a will.

Lizx

That's because they died intestate, ie, they made no Will. If not divided between next of kin, it will all revert to the State. HH take a fee for finding the rellies.

Yes I know that David, but I just wonder if the ruling is the same as for a person in a will who has died, so their next of kin by way of children get the inheritance.

Lizx

I know in Australia it goes to next of kin.

When making out a will be very specific, If you do not want something going to next of kin you must state this, Renewing a will every 5 to 7 years is also a good idea. Things happen and change constantly in families, say someone dies.

When my father passed away I was left a share of his assets. If I passed away before my father and he had not made a new will, my husband would receive my share, unless the will was specific and stated otherwise. Or if I passed away after my father my husband would get my share regardless.

No Will is 100% safe it can be contested by anyone, who think they have a claim.

Gail

We got a windfall about 20 years ago

A cousin of OH's father died in England, leaving a will in which she left a percentage of her estate to each of 19 cousins or their heirs or issue of their body


OH's father was dead by that point ..... so his share was diivided between his 2 children. His wife did not count as heir.

If the will had not specified heirs or issue of his body, then the money would have gone to his wife.




Then a similar thing happened about 5 years later, from another English cousin of OH's father!




sylvia

Gail,

That isn't correct for England . Your OH would not be entitled to inherit automatically if you had died, unless the will specifically said so. Nor would he if there were no will as as he is not a blood relative.

As far as the original question is concerned, basic rule is that if a beneficiary has died, unless the will specifies what should happen in that particular case, then it goes back into the pot to be distributed to the remaining beneficiaries.

For example my will specifies that if either of my sons die before me, any children they have will receive their share, divided between them when they become 18. Their oh's wouldn't get anything. Should there be no children then my parents inherit, and should they have died then my brother, then his children. All this is set out in the will.

Also if there is a specific bequest, say a house, and the house has been sold before the death, the person who was to receive it gets nothing as a result of that bequest. They may of course be entitled to a share of any residue left together with any remaining beneficiaries.

Specific requirements have to be met in order to contest a will, a common one being that adequate provision has not been made for dependents. You can't contest it just on the grounds that you disagree with its terms.

In my will i left money and items to my children.If one of my children have died before me then there share go to there children.I was asked in a event such as(example) the whole family were in a plane crash and no-one survived,who then would i name.I then listed my brothers and sisters and the same all over again with there children.I should think someone out of that lot would be alive. Annie

many thanks for all your help

Just as a follow -up question to those of you who have already made Wills, and have children and young grandchildren.

Did you specifically name each grandchild on your Will for a share of your estate? Or did you divide the money just between your children, and assume that it will eventuially get to the benefit of the grandchildren? I'm not sure what good it is for a 5 year-old to receive a lump sum out of the blue....

Hi Sue,
I agree with the others, ie if that person dies before you, their share doesn't automatically go to their next of kin - if you want that to happen you must specify it. Or it goes back into your Estate to be shared amongst those beneficiaries you have named in your Will.
IF you have not made a Will, then your goods will be divided up amongst blood relatives.


Hi David,
Regards your question - first of all one should never assume that your goods will go in the 'right direction' after your death. That is the point of leaving a Will.
Leaving your dosh to your children is fine, but don't presume the grandchildren will get the remainder after their parents have died. Absolutely anything could happen to change the course of that inheritance, and often, quite unintentionally, the inheritance can go elsewhere - all due to not seeking good advice from a solicitor. It's worth remembering that divorces help confuse the issue here. Often people assume their child/grandchildren will be provided for, and it doesn't necessarily work out that way.
The only way to make sure your grandchildren, or anyone for that matter, is going to inherit what you want them to , is to state it in your Will, ie name them and state what your intentions are.

Your solicitor should ask you if the share/s going to person/s named in your Will will be Absolute, ie they get it straight away after your death, or if you want to specifiy an age at which they will recieve it. This can be any age.
Example: In our case, we have two adult children, yet one is financially immature. Knowing that she'd blow the lot in 5 minutes we have stated an age at which she will inherit, ie 35 yrs old.
Similarly you can do this where young children are concerned, ie a 5 yr old, leave it in Trust, so that they will receive an annual interest payment, but not the Capital until they reach the age you have stated, or maturity, ie 18.

Also, you can leave your property in Trust for named third parties, something many people do these days to avoid paying huge Care Home bills and ending up with nothing to leave to anyone. For example you could leave your house to your grandchildren, with your children being allowed to live in it until their death when it passes to the grandchildren. But again, that's something you would need to discuss with your solicitor, to ensure you do it right.

K

It is always a good idea to approach a solicitor to make a 'valid' will, to be sure that it is correctly worded. You can always ask various solicitors in your town what the cost would be.

When going for your appointment it is a good idea to have a list of the people you wish to name, together with their current address. Bear in mind that often the name someone is known as may not be their proper name!

If you state a trust fund should be set up for a minor, think who is going to administer that trust. A solictor will take a fee each year for any work undertaken, which could be for many years.

It is a minefield, but above all, make a will. Even if you think you have no assets if you don't have a property, you will probably have some money in the bank and personal possessions.

Elisabeth

Edit: Let some of your relatives know where the will is. No good going to the trouble of making a will and hiding it away somewhere so it can't be found!

I hail from NZ and our wills are the same as InspectorGreenPens

Our "Millions" go to our daughters and then to their children. Our SILS do not inherit automatically if their spouses die first.
My OH thought that was a bit unfair - but our solicitor said no they will get theirs from their parents.

I do know of some wills in the past as being unfair - where one child was left the property and the other the money. The property had gained in value by the time of death and the one who got the money was left feeling decidedly cheated.

My Oh was executor for his Aunt and she had mile long codocils and it was quite a feat getting all the various knick knacks etc to the recipients.

So yes it is important to make sure you update your wills every few years unless it is very standard and nothing can go wrong.

Persey

I fullu endorse the comments about making a will. I feel it is so important especially today when there are so many families where there are step-children.

I re-married a couple of years ago and aswell as having three children of my own I now have five step-children. As my house had been in my sole name for many years having bought my ex out, I wanted to make sure that should I die before my husband my children were not at risk of losing their inheritance. Had I died first without leaving a will, my husband would get the first £125,000. I have given my husband a share of the house but I know that having made a will my childrens inheritance is safe.

Chris