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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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If an estate is split equally between two children and a partner

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If an estate is split equally between two children and a partner and one of the children dies who gets that share.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about the background to your question please?
Customer: replied 3 years ago.

Hi Clare,

I refer to my father's will. He is divorced from my mother who has now died. He has had a live-in partner for many years. He told me that his will is split so that his partner, my brother and I all receive equal amounts. I expect that the two properties he owns will go to his partner although they are in his mane. My brother died in 2009 and my father who is in his 80's has not made a new will. Who would be entitled to my brother's portion of his estate? He thinks that I will. Is he correct? Many thanks. Sandra

Did you brother leave any children?
Customer: replied 3 years ago.
No there were no children and he was not married.
Then it depends entirely on the wording of the Will.
If the Will says equally between x y and z then you and his partner will share the estate equally
If it says a certain share to x and the balance between y and z then you will inherit your brothers share.
I am afraid that without the exact wording there is no way of being certain
Please ask if you need further details
Clare and other Family Law Specialists are ready to help you