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, Family Solicitor
Category: Family Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

If I before my Mum, who has made a will leaving all her assets

This answer was rated:

If I before my Mum, who has made a will leaving all her assets equally between us 5 girls,
will my share be di9vided between my 2 sons, or will my sisters get my share between them
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
That depends on what provisions your mother has made within her Will
It would be usual for there to be a clause which allows for your children to take your share - and in fact unless the Will specifically excludes this then this is what would happen
I hope that this is of assistance - please ask if you need further details
Customer: replied 4 years ago.

Thank you, XXXXX XXXXX not sure I understand your answer. Mum has only said in her will, as far as I am aware, because it is an old will, that her estate will be left to we 5 children of hers. I have just done a will, and without my saying, it states that should one of my children die before me, then their share of my estate will be given to my dead childs children, or if there are none, all will go to my remaining child when I die.

I rang the will people up and they told me this is what would happen unless I stated differently and I was happy with that, so I hoped it would apply to my Mums will even though I don't know how it is worded..

Your Will writer has used the standard wording that any good Will Writer should use.
This does NOT mean that your mother's Will writer did so - although it is likely that they did.
In addition there is a Statutory provision which allows for the substitution of your children in these circumstances unless it is clear that this is NOT what your mother wished
Clare and other Family Law Specialists are ready to help you