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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My question regards ***** ***** or rather 2 Wills. Mother passes

Customer Question

My question regards ***** ***** or rather 2 Wills. Mother passes away, 6 weeks later Father passes away. There are 7 adult children. The 2 eldest children locate both Wills. Fathers will leaves home and all his monies to his wife and when she passes on youngest son gets family home, he also leaves a small amount of money to the rest of his children. His wife is stated as executor of his Will. Mother's Will leaves everything she posesses to her eldest daughter and eldest son is Executor of said Willl.she does not mention any other family member not even her husband in her Will. Now because Mother died before Father would Mothers estate not automatically go to father ? As they both happily lived in family home together and as father was much older than mother it was expected that father would pass away before mother and that is why she never mentioned her husband in her Will. Now the question is as mother died before father what happens to the estate of Father? We know youngest son gets family home and all other children get a small amount of money but what happens to the excess money he may have? Eldest daughter says it is hers as everything father had went to Mother and Mother Willed everything she had to said eldest daughter but as stated earlier Mother passes away before father . Also note that eldest daughter was looking after both mother and fathers finances before they died. Mother and father had joint bank accounts but when father got very ill last year mother changed the accounts to just her name, not sure if father was aware of this as he was not capable of signing anything at tbat time. Basically could you clear up the grey area of what happens to fathers estate now as the benefactor of his will passes away before him? Thank you .
Linda.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who owned the property?
Clare
Customer: replied 1 year ago.

The father owned the house and farm but he had signed over the farm to eldest son 20 years ago. He still owned the home dwelling house which he bequested to his younger son on his death, what happens to any surples money and items that were bequested to his wife but she had passed away before him?

Customer: replied 1 year ago.

Father owns property, but his Will left all to his wife but his wife died before him and only benefactor is youngest son to inheret family home.

Customer: replied 1 year ago.

Father owns property, but his Will left all to his wife but his wife died before him and only benefactor is youngest son to inheret family home .who is legally entitled to all of his other assets eg savings,bonds etc?

Expert:  Clare replied 1 year ago.
Hi
Is there no provision made whatsoever as to what should happen if his wife died before him?
Clare
Customer: replied 1 year ago.

Unfortunetly no provision was made in the case of his wife dying before him, as he was 10 years older than his wife they presumed that he would die before his wife!

Expert:  Clare replied 1 year ago.
Hi
Did he have any children with any one else?
Clare
Customer: replied 1 year ago.

No he had no other children.

Expert:  Clare replied 1 year ago.
Hi
In that case the gift to the mother devolves upon the children - either due to a partial intestacy; or on the basis of the Wills Act substituting the children for the mother
I hope that this is of assistance - please ask if you need further details
Clare

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