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Do grandchildren inherit? If so is it age dependent?

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  • Do grandchildren inherit? If so is it age dependent?

    Hi,
    please could you provide advice if the grandchildren inherit if their parents were to die before the grandfather and is that dependent on them reaching the age of 18 before the grandfather dies? The grandfather is widowed and the will was written when he had children and grandchildren who were all under 18 at the time . The will is written to leave the whole estate and residue as follows :-

    - I give and bequeath to my children A, B & C in equal shares ABSOLUTELY.
    - Provided always that if my children shall die in my lifetime leaving issue living at my death who attain the age of 18 then the share of my residue estate which my said children would have taken had they survived me shall be held upon trust for such issue aforesaid stripes and if more than one in equal shares absolutely.

    Questions?
    1. If A dies before Grandfather, but has no children. What happens to A's share when grandfather passes? how is that split ? Equally between B & C?

    2. If B dies before Grandfather and has 1 child above age 18 and another below 18 when the grandfather dies. What happens to B's share? Do both children split equally but under 18's held in trust or only over 18 inherits his parent B's share?

    3. If C dies before Grandfather, but has three children all below 18 when the grandfather dies. What happens to C's share? Do the three children split equally but under 18 so all held in trust, or do they not inherit at all, if so then does it get split equally between A & B?
    Last edited by AClark; 25th March 2025, 14:49:PM.
    Tags: None

  • #2
    Hi
    Welcome to LB

    A1 A's share is split equally between B and C
    A2 B's share is split equally between the 2 children and for one child their share is held in trust until he or she is 18
    A3 C's share is held in trust for C's children (issue) until they are 18

    Comment


    • #3
      Is this an examination question?

      Comment


      • #4
        If it is, did I pass?

        Comment


        • #5
          Only if you can specify the exact section of legislation which covers this. (hint: it has been cited in these forums)
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Guides and handbooks for Litigants in Person - :

          https://legalbeagles.info/forums/for...60#post1701560

          Comment


          • #6
            Mental Capacity Act 2005: minors assumed to lack mental capacity
            Non-Contentious Probate Rules 1987 Rule 32 outlines the process for granting administration on behalf of minors
            Section 33 of the Wills Act 1937 covers the situation where the beneficiary predeceases the testator leaving issue and the issue are living at the time of the testator's death

            Marks out of 10 please

            Comment


            • #7
              Originally posted by Pezza54 View Post
              Hi
              Welcome to LB

              A1 A's share is split equally between B and C
              A2 B's share is split equally between the 2 children and for one child their share is held in trust until he or she is 18
              A3 C's share is held in trust for C's children (issue) until they are 18

              Thank you, this was the intension of the will at the time it was written. I couldn't decipher the the bit about the 18 year old as I thought that it would be held in trust for them and possibly under 18's would be disinherited. This is not an exam question but extract from a genuine will. Grandfather, children and grandchildren are all in good health. Thanks again

              Comment


              • #8
                Originally posted by sederunt View Post
                Is this an examination question?
                No please see other reply to PEZZA54

                Comment

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