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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If someone named as a beneficiary in a will has died and the

Resolved Question:

If someone named as a beneficiary in a will has died and the will does not say that a benefit passes to the relatives of the beneficiary, does it go instead to other beneficiaries named in the will? In this case there are small gifts to charities and two other people (one of whom died 2 years ago). The deceased's house and about £40k in banks and investments is to be split as follows: 75% equally between 3 cousins (2 are deceased) and 25% equally between three nephews of the deceased (all still alive). After probate how is the estate proportioned between the surviving beneficiaries?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Provided the Will does not make provision to say that a third party should inherit the share of any beneficiary who has died before your Aunt, then their share does "go back into the pot" as mentioned by the Solicitor-
ie the 75% share will pass to the surviving cousin.
the remaining 25% still gets divided between you and the other 2 nephews.

I hope this answers your question, but please let me know if you require any further clarification.

Kind Regards
AL
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Customer: replied 3 years ago.

The person Sheila who died 2 years ago was the daughter of my uncle by his first marriage. There was some acrimony between her family and my aunt (my uncle's second wife who survived him and whose will we are discussing). In a previous iteration of my aunt's will Sheila was not mentioned. More recently, Sheila was added to the will and bequeathed some items of low value. Since Sheila died her gifts go back into the pot. Sheila has 3 surviving people (my uncle's grandchildren by his first wife). I mentioned the existence of these 3 to the solicitor in case they might come into the picture but I have not contacted them at all. The next of kin is the surviving cousin of my aunt - she is 88 and is unable to even attend a funeral, and is happy that I deal with everything.


 


I do not know anything about my uncle's first wife or whether my uncle was involved in any settlement when he remarried. Is there a chance that Sheila's family might contest my aunt's will if they become aware of her death?


 


Is there anything I have to be aware of?


 


 

Expert:  Aston Lawyer replied 3 years ago.

Hi Stuart,

Thanks for your reply.

There is no way that Sheila's family could contest the Will. To enable someone to dispute their entitlement or lack of entitlement under someone's Will, they have to be a child of the deceased or financially dependent on the deceased.

I hope this assists.

Kind Regards
AL
Customer: replied 3 years ago.

Thank you for your replies. Can you confirm that I have made a single £38 payment to your company and will not be charged further unless I ask further questions?


I am unclear about the free trial but am more than happy to have made the single payment for your excellent handling of my queries.


 


Regards, Stuart

Expert:  Aston Lawyer replied 3 years ago.

Hi Stuart,

I can confirm you have only been charged one payment of £38. lease don't leave any further positive feedback to me or you may be charged again.

Only if you need to post another new question, will you get charged again.

All the Best and many thanks.

Kind Regards
AL