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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34108
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is there a law saying that a person who's children have died

Resolved Question:

is there a law saying that a person who's children have died has to leave their estate to the blood line such as grand children?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** I shall do my best to help you.There is no such law in England and Wales - although things are different in Scotland.Within a Will provision should be made for what is to happen if a child passes before the parent making the Will - but if no provision is made then a Section of the 1837 Wills Act does provided for the Child's share to go to THEIR children.Please ask if you need further details
Customer: replied 1 year ago.
Thanks, ***** ***** the person making the will is still alive and is renewing it due to his spounce dying, there wasn't a previous provision either way before, does that still remain as above?
Expert:  Clare replied 1 year ago.
Could you clarify the relationships a little more please
Customer: replied 1 year ago.
Its a son in law and grand kids. The Mother in law died recently, the father in law is renewing hisl will and has informed his son in law that his late wife's inheritance will go to his daughters children and not his son in law as he is not blood line.
Expert:  Clare replied 1 year ago.
So the mother and the daughter are both dead is that correct?
Customer: replied 1 year ago.
Yes, thats correct, there are 2 further daughters and one other living son in law, 2nd son in law died 5 years ago. The 2 other daughters are not affected by any changes to the will.
Expert:  Clare replied 1 year ago.
He intends to give his deceased daughters share to her chidlren - is that correct?
Customer: replied 1 year ago.
Yes, thats correct.
Expert:  Clare replied 1 year ago.
He is free to do that - and in fact it is what many Wills provide for - it is more common for children to be substituted rather than spouses.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Understand that, thanks for the clarity and assistance