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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 117083
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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This is about being a beneficiary in a Will then the person

Customer Question

Hi, this is about being a beneficiary in a Will then the person who died had been left property which would go to her beneficiaries. The property was not in the UK
Assistant: Where are the beneficiaries? It matters because laws vary by location.
Customer: The other beneficiaries are in the UK, but the property left is in Canada. This is from 10 years ago, my mother was supposed to be contacted by a solicitor dealing with it but wasn’t.
Assistant: What steps have been taken so far?
Customer: Trying to find the lawyer but they are in Canada
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: This is from 10 years ago and we have very little information about it all
Submitted: 5 days ago.
Category: Canada Law
Expert:  Legal Ease replied 4 days ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 4 days ago.

Are you saying the person died before the owner of the property died or after?

Customer: replied 4 days ago.
The person died before the property owner died.
Expert:  Legal Ease replied 4 days ago.

Then that gift fails. It falls into the residuary or the estate and doesn't pass to the person's estate.

 

Does that clarify the law?

 

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 4 days ago.
But a lawyer was trying to contact my mum as they needed her details to settle the property sale and that she was holding everyone else up by not having her details they couldn’t settle the estate ?
Customer: replied 4 days ago.
The property owner didn’t know that the beneficiary of her will had died and that’s why it was still left to her. The lawyer wanted have all the details of everyone so it could be split between them
Expert:  Legal Ease replied 4 days ago.

It doesn't matter what the property owner knew.

 

The gift will fail regardless and the property will fall into the residuary of the estate and will pass to the residuary beneficiaries.

Customer: replied 4 days ago.
Okay, so none of the beneficiaries of the dead beneficiary will be entitled to claim anything ?
Expert:  Legal Ease replied 3 days ago.

That is correct because that inheritance doesn't go to the deceased's estate because he died first.