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Thomas
Thomas, Solicitor
Category: Family Law
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Experience:  UK solicitor
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My mother died a year and a half ago and left her property

Resolved Question:

My mother died a year and a half ago and left her property to my sister and myself. The property had not yet been transferred when my sister died six months ago - does her half go to her sons or do I inherit the whole property?
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

I assume that your mother had a Will and that you and your sister were named as residuary beneficiaries (these are persons in the Will who inherit everything in the estate after specific legacies/bequests have been dealt with)

If your mother had a Will then you should check the Will. Usually, the Will will either not have a requirement that your sister survives your mother for a set period of time in order to inherit OR it will state that she must survive your mother for 28 days. In either case then your sister would still inherit he share of your mother’s estate (though it would now of course pass under your sister’s Will to whoever she has stated are beneficiaries) but it would now pass under your sister’s Will or under the intestacy rules.

However, it is not unheard of for Will to state that your sister must survive your mother for a longer period of time (eg 6 or 12 months). If this is the case and your sister has passed away before reaching that time then the Will should state what should happen to her half. If it does not state what should happen to your sister’s half then it would fall back in to the residuary estate and whoever are the remaining residuary beneficiaries will inherit.

If your mother did not have a Will and you and your sister have been identified as those relations that should inherit under the intestacy rules then your sister’s share would still pass to her and therefore under any Will that your sister had.



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Kind regards,


Tom
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