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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice
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Hi My mother was named as a beneficiary in her sister in laws

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My mother was named as a beneficiary in her sister in laws will but unfortunately my mother predeceased her. Does the legacy die with my mother or should the bequest go to my mothers estate

Thank you for your question. My name is ***** ***** I will try to help with this.

Do you have any brothers or sisters?
Customer: replied 3 years ago.

My only sister died in 2006.

In actual fact, having re read your question, having brothers or sisters is not relevant.

If a parent leaves a gift children on the child dies leaving their own children, then under section 33 of the Wills act, they get the share which their deceased parent would have got.

However as this is not your grandmother who now died and which your mother predeceased, and there is no blood relationship, then the gift lapses and falls to the residue in your mother-in-law’s estate.

I’m sorry if this answer is unfavourable.

Can I clarify anything?

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