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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34128
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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I am going on holiday with my mother, son, daughter and 2 grandchildren

Customer Question

I am going on holiday with my mother, son, daughter and 2 grandchildren (to my son). In the even that we all died simultaneously, what happens to my property? My understanding is that there is a presumption that the eldest died first. So that would be my mum first, then me, then my son, then my daughter, then my two grandchildren (aged 11 and 12). My will leaves it all to my son and daughter and specific amounts to grandchildren and other people. If, in this event, my property would eventually trickle down to the grandchildren. So, I guess I am asking, would their mother inherit everything?
Submitted: 1 year ago.
Category: Family Law
Expert:  Jo C. replied 1 year ago.
Are you married to their mother?
Customer: replied 1 year ago.
No, my son has two children by her. She is no relation to me
Customer: replied 1 year ago.
My son was not married to my grandchildrens mother
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** my colleague has asked me to look at this for youJust to check - your daughter is younger that your son?
Customer: replied 1 year ago.
Yes, my daughter is younger than my son.
Customer: replied 1 year ago.
Yes, my daughter is younger than my son
Expert:  Clare replied 1 year ago.
HI
My apologies for the delay.
You are right about the general principal - if there was a disaster that left no evidence at all then it would be assumed that you died in age order
However it would also mean that the children died before they were 18 and on that basis will not have "inherited" from their Aunt.
However if you wish to avoid any risk then you can draw up a new Will that states that any beneficiary must survive you by 30 days.
I hope that this is of assistance - please ask if you need further details
Clare

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