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Query wrt to Inheritance left to my deceased wife

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  • Query wrt to Inheritance left to my deceased wife

    Hi,
    My wife's dad made a will 6-7 years ago and made me and my wife executioner of the will . I have copy of will etc. He wrote his house against my wife name ( deceased now) while rest distributed against his sons ( wife's siblings) living abroad, an adopted daughter ( living UK) /granddaughter ( my daughter) living UK. My wife has died few years ago due to illness . I talk to my father in law regularly and he hasn't changed will at all. He thinks that since my wife ( his daughter) has died , being her spouse I would inherit the house now . I would like to know if its correct or do I need to ask him to explicitly mention my name in his will if that's what his intention is . Would appreciate help in this matter.

    Thanks,
    Tags: None

  • #2
    Generally if a beneficiary dies before the testator,the gift will lapse (fail) and whatever they were due to receive will fall back into the residuary Estate.
    The exception is if the beneficiary who predeceases the testator has children, then the legacy will pass to the children.

    In the circumstances you describe, if your father in law wants you to inherit his house he needs to rewrite his will or issue a codicil

    Comment


    • #3
      Originally posted by des8 View Post
      Generally if a beneficiary dies before the testator,the gift will lapse (fail) and whatever they were due to receive will fall back into the residuary Estate.
      The exception is if the beneficiary who predeceases the testator has children, then the legacy will pass to the children.

      In the circumstances you describe, if your father in law wants you to inherit his house he needs to rewrite his will or issue a codicil

      Thanks .. Does it Mean the share of my deceased wife ( i.e house) would pass to our child ( my daughter) by default if he doesn't change the will .
      My daughter is 10 years old .
      I am remarried now but don't have any children with new wife.

      Comment


      • #4
        Yes, the house would pass to your daughter, but as a minor she cannot own property so it would have to be held in trust for her.

        Comment

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