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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25421
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My late wife's Mother has recently passed away. Her Will named

Customer Question

My late wife's Mother has recently passed away. Her Will named my late wife as Executor and only beneficiary(to all her Mother's estate). My late wife passed away in 2007. There is another sibling who is an estranged son and is not mentioned in the Will. Could you advise who is entitled to the benefits?
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Could you kindly advise if your wife had any children please - this would include natural or adopted?

JACUSTOMER-gj4nh5ip- :

No to both

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Customer: replied 2 years ago.

Please could you answer my question

Expert:  Joshua replied 2 years ago.

Hello. My sincere apologies for the delay in reverting to you. I am out of the country with no internet access until today-i am typing on a phone so apologies for any odd typos. If a beneficiary passes away before a testator the normal position is that the gift to that beneficiary lapses and adds to the residue of the estate to other residuary beneficiaries. There is an exception to this if the gift is left to a child - as is the case here - and that beneficiary dies before the beneficiary leaving a child of there own. In these circumstances that child would inherit their parents share unless there is a contrary intention in the will. Unfortunately here you say your wife had no children so this would not apply. There is a further exception to the above. Many wills will contains substututional clause specifying what happens if a beneficiary predeceases. If the will contains such a clause that will take effect. If neither of the above apply then your mother in law will have died intestate as her will will fail. In these circumstances if she died without a living husband then her estate would be divided between any living children and if any child predeceased leaving children of their own then those children would inherit their parents share. Under intestacy your mother in laws children that survive her would have the right to administer her estate a well. Please let me know if I can clarify any of the above.

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