Ask a Law Question, Get an Answer ASAP!
Thank you for your question - you say your mother had 5 siblings and her brother 2 - do you mean children?
Section 33 of the Wills act states that if someone leaves a person something and that person has predeceased the person who wrote the will but the predeceased person left children then the children inherit the share which their parents was inherited.
BUT there is case law relatively recently (2012) https://uk.practicallaw.thomsonreuters.com/5-532-3993?__lrTS=20170405220113326&transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1
which states that if someone leaves in there will be quests or residue to A, B and C and does not express the wish that if they leave children the children shall inherit, that shows intention to exclude section 33 of the Wills act. I do not agree with that decision because section 33 was always made so that the default situation was that children inherited the share of their deceased parent. So it depends on the exact wording of the will as to whether the children should inherit the deceased parent share or not
Can I clarify anything for you?
I am off-line until later now. Weekend!
Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. Then press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.
Here is the statutory provision http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26
S33 applies in respect of gifts to children and remote descendants who predeceased the testator. If the child or remote a descendant of the person who wrote the will predeceased the person writing the will (the testator) and leaves children themselves, then section 33 applies unless it is specifically excluded.
It doesn’t apply to gifts to other random people, only to children of the testator and remote descendants.