Executor dispute

[SherbetLemon]

Hi, my mother died in 2020 leaving my brother and I as executors. We've been in dispute for a long time but nearly at an end to the situation.

I've now discovered I'm very unwell. If I die before I receive my inheritance (I have written a will leaving everything to one person, not my brother) will my inheritance go to my brother who is the only other beneficiary of my mother's will.

[PallasAthena]

The general legal rule in England is that in this situation you still inherit from your mother's Will and if sadly you have died before it is paid to you it becomes part of your Estate and is paid to the Executors of your own Will

It is possible for your mother's Will to make special provision and alter the general legal rule so check it.

[atticus]

s33 Wiils Act 1837 - if you die before your mother, but leaving children who are living when your mother dies, any gift to you in your mother's will passes to them.

PallasAthena is not quite right. If you die before your mother, leaving no issue, the gift in your mother's will lapses. s33 Wills Act is a saving provision where there are children.

[SherbetLemon]

Hi Atticus none of what you said applies here. You're confusing me. Is PallasAthena correct in her reply to my comment?

[PallasAthena]

Atticus my understanding is that OP's mother died in 2020 and OP is concerned about what happens if he dies before his inheritance has been paid to him

[atticus]

Apologies both. I read the first post too quickly. You are entitled to inherit, and should you die, your share will indeed go into your estate.