Deceased Beneficiary

[stevec176]

I am the executor of a will and one of the beneficiaries died prior to the death of my father. In his will he has written ' Provided that if any other residual beneficiary of mine dies in my lifetime whether before or after the date of this my Will leaving issue living at my death who attain the age of eighteen years then such issue shall take by substitution and if more than one in equal shares the share of my residuary estate which such deceased other residuary beneficiary of mine would have taken had she or he survived me and attained a vested interest provided that no issue shall take whose parent is living and so capable of taking'. My question is what does it mean, who gets the money?
thanks

[Amethyst]

Did the beneficiary who passed on have children and are they over 18 ? If so, those children get the deceased beneficiaries share equally divided between them.

Peridot tagged for better help

[stevec176]

I am the executor of a will and one of the beneficiaries died prior to the death of my father. In his will he has written ' Provided that if any other residual beneficiary of mine dies in my lifetime whether before or after the date of this my Will leaving issue living at my death who attain the age of eighteen years then such issue shall take by substitution and if more than one in equal shares the share of my residuary estate which such deceased other residuary beneficiary of mine would have taken had she or he survived me and attained a vested interest provided that no issue shall take whose parent is living and so capable of taking'. My question is what does it mean, who gets the money?
thanks

Hi,
The beneficiary who died was married with 2 children, both are over 18, so are you saying it goes to the children and not to the spouse?

[stevec176]

Did the beneficiary who passed on have children and are they over 18 ? If so, those children get the deceased beneficiaries share equally divided between them.

Peridot tagged for better help

Hi, sorry will get this right.
The person who died was married with 2 children, both over 18, are you saying the money is shared between the 2 children and nothing goes to the spouse?
Thanks

[Peridot]

Hi Stevec176,

The person who died, were they a residuary beneficiary? The Will wording is only referring to residuary beneficiaries ie those who receive the remainder of the estate once debts, testamentary expenses and specific legacies have been paid out.

If the answer is yes then that is correct the children, not the spouse receives the legacy. The legacy would be divided equally between the 2 children.

Hope that that makes sense. Do post again if you need more clarification.

[stevec176]

Hi Stevec176,

The person who died, were they a residuary beneficiary? The Will wording is only referring to residuary beneficiaries ie those who receive the remainder of the estate once debts, testamentary expenses and specific legacies have been paid out.

If the answer is yes then that is correct the children, not the spouse receives the legacy. The legacy would be divided equally between the 2 children.

Hope that that makes sense. Do post again if you need more clarification.

Thats great, thank you both very much.