Probate law

[Kennykey]

Hi..hope you are all well
wondering if someone may advise me please
This is in relation to a family matter..4 siblings and a mother..the father passed years ago...my question...the mother died intestate and one of the siblings died a year befor her....does that mean that the estate will be distributed between the remaining 3 siblings...the son who died a year befor the mother has children that are adopted all but one who lives with her grandmother who is unrelated to this side of the family..any help would be much appreciated...thankyou

[lawboy65]

If one of the children of the deceased ,dies before them *but they have children or grandchildren of their own, these direct descendants will inherit their parent’s share. *Adopted children have the same rights as biological children when it comes to the laws of intestacy in the UK.
Children from a previous marriage have the same rights. However, Step-children can’t inherit through UK intestacy rules unless they’ve been adopted by the deceased.* Under English and Welsh intestacy rules, their claim comes after that of siblings who share both parents.
Intestacy laws can be complicated to understand.* However, the adopted children of the deceased son will get his share, shared equally among them.
I hope this helps to explain your situation.
*

[Kennykey]

Hi...this was what I read on a site...it sort of gave me the impression that a will with provisions needed to be in place for the deceased sons share to go to the Grand children...so this would still be the case with no will...the not living 28 days past the deceased doesn't come in to play....I do appreciate your time and thankyou very much indeed...what ever the awnser is now I will understand ☺ What Happens in Probate if a Beneficiary Has Died?

18th March 2019
In general, where a beneficiary dies before the deceased their gift will fail and they will not receive anything from the deceased's Estate. However, if the beneficiary survives the deceased but then dies before receiving their inheritance, usually their inheritance will form part of their Estate to be passed on according to their Will or the Rules of Intestacy.

For free initial advice and guidance call our Probate Advisors on 0333 060 7182 or contact us online and we will help you.

The administration of an Estate normally takes several months to be dealt with in full, especially if there is a property to be sold. As such a situation can occur where a beneficiary who was living at the time of the deceased's death subsequently dies before receiving their inheritance. This can cause confusion as to what happens to their share of the Estate. Survivorship Conditions

If a beneficiary only survives the deceased by a few days, they may be treated as having died before the deceased. Many Wills contain a survivorship clause which state a beneficiary must survive the deceased by a certain length of time to inherit, normally 28 days, otherwise they are treated as having died before the deceased. If there is no Will, then under the Rules of Intestacy a spouse or civil partner must also survive by 28 days to inherit from the deceased's Estate.

Generally where a beneficiary has survived the deceased by at least 28 days but subsequently dies before receiving their inheritance, their share of the deceased's Estate will pass to their own Estate. This means the legacy they were due to receive will then pass under the terms of their Will (if there is one) or the Rules of Intestacy (if there isn't). Beneficiary Dies after the Deceased

As long as the beneficiary fulfils any survivorship clause in the Will or under intestacy, their gift or share of the deceased's Estate will pass to their Estate to be distributed according to their Will or the Rules of Intestacy.

For example, if a deceased leaves a 50% share of his Estate to his son and his son survives him by a few months but then dies, the 50% share of the deceased's Estate will now form part of the son's Estate.

If a Grant of Probate is needed for the son's Estate, then the total value of his Estate will need to be known in order to apply for the Grant of Probate. This means that the person carrying out Probate on the son's Estate will need to know the value (or estimated value) of the inheritance that is due. This will then need to be declared on the Inheritance Tax forms for the son's Estate.

If the exact amount cannot be calculated, for example if the deceased's property has not yet been sold, then an estimated figure can be used and corrected later. Beneficiary Dies before Deceased

Generally if a beneficiary dies before the deceased, the beneficiary's gift will lapse (fail) and they will not inherit anything from the deceased's Estate. Whatever they were due to receive will fall back into the deceased's residuary Estate to be redistributed. However the deceased may make provision in their Will for the gift to be redirected in those circumstances stating that if the original beneficiary dies before them then alternative beneficiaries will receive the gift instead.

This can also happen under general law in the following circumstances:

• Where a Will contains a gift to a child, adopted child or grandchild of the deceased, and
• The child dies before the deceased, leaving children of their own; and
• These children of the intended beneficiary are living at the time of the deceased's death

Then, unless the Will expresses a contrary intention, the gift will take effect as a gift to the children of the initial beneficiary.

In effect, this means that if a parent leaves their child a gift in a Will and that child dies before the parent, leaving children of their own, then those children (the parent's grandchildren) will receive their parent's share.

[lawboy65]

You are quoting here for an individual who has a will.* A beneficiary of a will is given a bequest in a will and if he/she dies before the testator, his bequest will fail.* This is different to an individual dying intestate, without a will.* The law of intestacy* in England and Wales, is clear in that the children of a child of the deceased will inherit the child's share.

[Kennykey]

Great stuff....thankyou....and take care ☺