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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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a woman who has a son and a daughter {56 and 64 respectivly)

Resolved Question:

a woman who has a son and a daughter {56 and 64 respectivly) leaves her daughter everything in her will and the daughter dies who does the womans estate go to her son or the daughters next of kin
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
,
Thanks question.
When did the woman pass away?
When did the daughter pass away?
Does the Will mentioned what should happen if one of the daughter and son were to die?
Kind regards
Tom
Customer: replied 2 years ago.

the woman has not passed away but the daughter passed away yesterday (25th Jan) No the will does not mention what should happen if anything happens to the son or daughter.

Expert:  Thomas replied 2 years ago.
Okay.
Does the daughter have any children herself?
Tom
Customer: replied 2 years ago.

yes the daughter has two sons and one daughter. I am not any of them by the way

Expert:  Thomas replied 2 years ago.

Thank you question and patience, I’m Tom and I’ll try to help you.
If she is a residuary beneficiary (ie she takes the remainder of the estate with the son) then s33(1) of the Wills Act 1837 operates now that she has passed away. It means that upon death of the woman the daughter’s share will be inherited by the daughter’s children in equal shares.
However, because a Will can make various statements and substitutions I would caution that although the above is likely to be the case, you should still advise the woman to take her Will to a local solicitor to specifically check the document itself to ensure that there are no other provision/clauses in the Will which affect the children inheriting under s33 above.
This is the only way the woman can be sure (ie. specific advice) but it’s probably that s33 will operate to ensure that the daughter’ children take her share.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

thankyou answer but i am a little confused are you saying that it doesnt matter if the woman has left every thing to her daughter because the daughter has died before the woman halve the womans estate goes to the son

Expert:  Thomas replied 2 years ago.

Sorry, does the Will leave everything to the daughter and son together?
Or does it leave everything to the daughter alone (and not the son)?
Tom
Customer: replied 2 years ago.

its a long story but to cut it short the son has stolen thousands from the woman so the woman has decided that she will leave evertthing else she has got (the house) to the daughter and yes the will states this. I know this as I was present when the will was drawn up

Expert:  Thomas replied 2 years ago.
,
If the Will leaves everything to the daughter then the Will Act should still operate so that her children inherit.
However, I really cannot stress enough how important it is to have the actual Will checked by a solicitor to ensure that there are no alternative provisions in the Will and that it is legally valid/enforceable.
Tom
Customer: replied 2 years ago.

I thank you assistance and advice about having the will verified but I am only going to rate you ok because you had to ask me if the woman has left her estate entirely to her daughter and I told you that in my original question. However your answer was the one I was hoping to here and I cannot thank you enough

Expert:  Thomas replied 2 years ago.
No problem.
Thank you.
Tom
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