House ownership

[CapriDriver]

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.

[Pezza54]

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

[des8]

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 testator’s 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

[atticus]

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.

[Pezza54]

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

[atticus]

If it ain't broke, Pezz...

[Pezza54]

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

[CapriDriver]

Thanks for the replies people.

[atticus]

bot reported

[Huxie]

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

[atticus]

It also gives incorrect advice.