How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My brother who passed away two years ago is in our uncles will.

Resolved Question:

My brother who passed away two years ago is in our uncles will. Would his wife or his two daughters receive his share of his estate.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years 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.
What provision does the Will make for what should happen in these circumstances?
Clare
Customer: replied 2 years ago.

There are no provisions been made if our uncles survived my brother.

Expert:  Clare replied 2 years ago.
Hi
Was it a specific gift or a share of the residue.
If the second who shares it with him?
Clare
Customer: replied 2 years ago.

My uncle who is 95 showed me his will.a third of the will he left any monies was to my late father. He said that if my uncle survived my father which he has my fathers share would go to my late brother and myself and we are named in the will.as I mentioned before my brother passed away two years ago.would his share go his wife or two daughters although they are not named in the will.or does his share go into the pot and is shared between myself and the other named personal in his will.look forward to hearing your reply hope this information helps.

Expert:  Clare replied 2 years ago.
Hi
The problem is that it does actually depend on what the Will says and without the wording I can only speculate on the likely outcome.
Your Brother's widow will only inherit if the Uncle has specifically said sh eis to receive your brother's share if he does not survive him
If your Uncle used the standard wording in his Will then it is likely that provision has been made for your brother's share to pass down to his children (or grandchildren)
If not then it will indeed simply pass into the pot
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you