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Partial intestacy, Deed of Variation?

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  • #16
    Originally posted by atticus View Post
    Say that there are 4 residuary beneficiaries each receiving an equal 25% share. The gift to one fails. The remaining three each now receive an equal share - which is now 33.3%.

    If you disagree, it might be helpful to see (a) the specific terms of the will and (b) exactly what information you are basing your disagreement on. NB what relation was the deceased beneficiary to the testator?
    From a government site, Inheritance Tax Manual.

    "Lapse occurs when a gift made in a Will fails because of the death of the legatee or devisee in the testator’s (IHTM12001) lifetime. Where the legacy or devise is anything other than residue, that property will normally fall into residue.
    If a gift of residue lapses, the property devolves as it would on intestacy."

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    • #17
      None of your 4 replies change my opinion. I suggest that you take professional advice on the question before making a potentially expensive mistake.
      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

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      • #18
        Originally posted by atticus View Post
        None of your 4 replies change my opinion. I suggest that you take professional advice on the question before making a potentially expensive mistake.
        Thank you for your reply, and taking the trouble to give your advice. Interesting. I will be taking professional advice before I proceed any further.

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