Vested intrest before probate?

[apriliame]

Hi, In the UK can someone gain a vested interest before probate is granted?

[PallasAthena]

An interest in an estate is created by the Will or by some legal right. It does not depend on probate being granted. Probate is only a confirmation from the courts that the Executor named in it has the legal authority to administer the estate. It does not create an interest.

[apriliame]

PallasAthena, thanks for the reply.


I think you've already stated the answer, but can I give you the full story?

My great aunt died leaving a share to my father, my father died 8 months later, before probate was granted, in fact inheritance tax wasn't paid for a month after he had passed.

But the will says, if any of my nephews shall die in my lifetime, OR before attaining a vested interest, then his children shall take his share of the Aunts estate, in his place.

We read that as, because he hadn't received anything, his children would become the beneficiaries
But we've been told that, it goes into his own estate, and therefore to his wife.

So he did have a vested interest then, it would seem? seems strange.

[PallasAthena]

Sorry, I don't know the answer to that.