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House ownership

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  • House ownership

    Hi all.

    I would like some advice if possible please?

    A house is left to a son and daughter in a will, and the son dies.

    Does his half of the house automatically go to his children?

    Or only if this is stated on the Will?

    Thanks in advance.
    Tags: None

  • #2
    Only if it is stated in the will. That is why it is so important for a testator to ensure the wording of the will satisfies their intentions. A will if drafted correctly can leave a deceased beneficiaries share to the beneficiaries children that haven't been born at the time the will is written
    Saves writing a codicil

    Comment


    • #3
      Not sure that I agree with Pezza54 as there are exceptions

      "a gift in a Will to a child or remoter issue of the testator or testatrix (IHTM12001) will not lapse if the dead beneficiary leaves issue (children) who are alive at the testatorís death (in England & Wales, the Wills Act/ S33 as amended by the Administration of Justice Act 1982/ S19"
      extract from https://www.gov.uk/hmrc-internal-man...nual/ihtm12084

      Comment


      • #4
        I agree (disagreeing with Pezza). s33 Wills Act 1837 applies here:

        Where:

        (a) a will contains a devise or bequest to a child or remoter descendant of the testator; and

        (b) the intended beneficiary dies before the testator, leaving issue; and

        (c) issue of the intended beneficiary are living at the testator's death,

        then, unless a contrary intention appears by the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator's death.
        I was given this information by my former colleague who prepared my will, when I asked a few questions including this one.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          1837 Act, I'll just make a note with my quill pen and ink

          Comment


          • #6
            If it ain't broke, Pezz...
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Strange. That's what Gladstone said about the Act when he was PM

              Comment


              • #8
                Thanks for the replies people.

                Comment


                • #9
                  bot reported
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    NEERMOHAN is a spammer/AI bot and has been reported.

                    Comment


                    • #11
                      It also gives incorrect advice.
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment

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