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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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my question is to do with wills, my husband died recently he

Resolved Question:

my question is to do with wills, my husband died recently he was named in his grandmothers will as a beneficiary but his grandmother survived him. I haven't seen the will but assuming it was not changed would the money go to my husband (and mine) children? following the blood line as such and this would happen unless the will stated otherwise, yes? as they are under 18 can they inherit money ? and does it have to be put into a trust? again assuming the will doesn't state that. thank you Rebecca
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.

Thank you question. My name is ***** ***** I will try to help with this.

Unless Section 33 of the Wills Act has been excluded (not common to be excluded) then the beneficiary has died and leaves children, and those children (not spouse) inherit the parents share.

Therefore your husband died before his grandmother, and he was left something in her will, it then goes to your husband’s children.

Can I clarify anything ?

Customer: replied 2 years ago.

thank you, ***** ***** will inherit but as they are under 18 does the money have to be put into a trust?

Customer: replied 2 years ago.

sorry one final question, I understand now that they will inherit my husbands share and as under 18 it will need to be put into a trust. can the executor choose how the trust is set up a trust where the money cannot be touched till they reach 18/21 or a trust where money can be drawn down from the trust to benefit the children like education? thank you

Expert:  Jo C. replied 2 years ago.
It would be at aged 18 as there is no discretion in cases like this.
They can have money before 18 for "education, maintenance and benefit" but that doesnt include things a parent would normally p;ay for
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