Will - understanding partial intestacy and how to resolve it

[JoBo21]

Hi Folks
Im hoping someone can help please.

My aunt wrote a handwritten, very short, will back in 1994 using a form from either the Post Office or a charity. She left her two sisters 'Equal shares' of her property, bank account and furniture. She repeated that the sale of any effects should be shared 'equally'. There were no other provisions, substitutions, mentions of residue or what would happen if the gift lapses etc.

Testator died in 2024. One of the beneficiary sisters (will call her BS1) pre-deceased the Testator, by about 6 years. The remaining beneficiary sister (BS2), my Mum is still with us.

The BS1 was married and her husband remains with us, but they had no issue. The BS1 also has no parents, aunts or uncles alive.

I understand that under the general rule, the gift to BS1 lapses (fails), but then that her share falls into residue, but that the residue lapses given there were no specific instructions in the will and it cannot follow the usual rules and therefore the situation is considered partially intestate.

Given the above would the balance of the will then go to the testator's next of kin and not the BS1's family (so BS1's husband gets nothing)? Ie the next of kin would be her only remaining sibling, BS2, ie my Mum.

Can anyone confirm if my understanding is correct. (Sorry for the waffle, I hope its all pertinent!)

Thanks in advance

[Tofros]

If you check out the gov.Uk information, it says the husband is entitled to the entire intestate portion if they had no children.

Once he passes, it depends what his will says ( if he has one) or the intestacy rules if not

[Tofros]

Apologies, I misread the question and was referring to the Aunts husband.

I think you are correct.

[JoBo21]

If you check out the gov.Uk information, it says the husband is entitled to the entire intestate portion if they had no children.

Once he passes, it depends what his will says ( if he has one) or the intestacy rules if not

Aunt (settlor) wasnt married.

[JoBo21]

Apologies, I misread the question and was referring to the Aunts husband.

I think you are correct.

Thank you (hope so!)

[JoBo21]

Managed to locate this. Might be useful for someone else.

https://www.gov.uk/inherits-someone-dies-without-will

[Tofros]

If your Mum is inclined to share the estate with her brother in law, she can do that by deed of variation. To have effect for IHT and CGT ( if relevant) the deed needs to be executed within two years of the date of death of the deceased. If your Mum simply gave some of the proceeds to him without a deed of variation it would count as a lifetime gift and be taken into account for IHT if she passed within 7 years of making the gift. A deed of variation within 2 years means the subject is treated as if it was gifted by the will of the deceased.