17:00, Sun 21 Jul
After some advice if possible..a friend of mine over the space of a year has lost her sister, Mom and Dad..she has another sister... my friend looked after all 3 at different stages... anyway here's the scenario...the parents left all they had to the he 3 sisters to be split between them equally...the sister who died passed away before her parents...the question is ..are her husband or Children entitled to any of what was left ? Thanks in advance... 👍
17:03, Sun 21 Jul
Citizens advice any good? Legalblue would have been the obvious shout but he doesn't post anymore.
17:06, Sun 21 Jul
Depends on the will. Whether there was a survivorship clause.
17:13, Sun 21 Jul
Depends on the will. Whether there was a survivorship clause.
Does that mean only surviving people alive named in the Will 👍
18:44, Sun 21 Jul
It’s been a long time since I did any trust law....but with that caveat ,.,,,there is no automatic right to the spouse or children to inherit under the will unless they are named, they would have to challenge the will by way of proceedings as dependents.
However, the will may fail altogether if it names the 3 children as beneficiaries but doesn’t say what happens if one of them predeceases the parents.
Ultimately, the executor has to distribute the proceeds of the will so they will need to take advice if there is any doubt as they can be personally liable for wrongful distribution of the assets.
This is probably my first and last sensible post on here, but I hope it helps.
20:11, Sun 21 Jul
What Ruben says above:

"If a beneficiary dies between the point when the Will was made and the death of the testator, under this scenario the beneficiary’s estate will usually have no benefit from the Will. 

If the beneficiary has died before the testator, the benefit is said to have lapsed."
20:18, Sun 21 Jul
Might be.

Or it might say that if any of the beneficiaries pre-decease the testator then the legacy goes to their descendants.
20:24, Sun 21 Jul
Might be.

Or it might say that if any of the beneficiaries pre-decease the testator then the legacy goes to their descendants.


If the will has such wording then the children of the (deceased) beneficiary are also beneficiaries.
06:22, Mon 22 Jul
As others have said it depends on the wording used in the will. The person (or persons) acting as executors of the estate should know what the provisions are.

If it says something like "to each of my children that survive me and if more than one in equal shares" then it will be split between the two that are left.

As someone else said, it is not unusual for it to say if any of my children die before me then any of their children take their place.

The only real grounds on which someone can challenge a will is if they were dependent on the deceased when that person died and they have not been provided for at all in the will or left materially less than other equivalent people. If all of the beneficiaries agree, a will can also be varied within 2 years of the death to change its provisions.

If your friend is not sure or the wordings are not clear it will pay to take some legal advice.
08:19, Mon 22 Jul
Thanks all for your replies....
09:05, Mon 22 Jul
Why don't the surviving sisters want their dead sisters husband and kids to have any of the money?
09:25, Mon 22 Jul
I'm sure there's a complicated story there...and maybe there is a perfectly good reason why they don't want the husband to have their dead parents money - maybe they don't think he deserves it for whatever reason.

However. I'm pretty sure the sister who so unfortunately died would have wanted her kids looked after from their nan and granddad's money.

I often think that when it comes to wills there is a legal right and wrong - which is often entirely different from what's morally the right thing to do.
10:12, Mon 22 Jul
Ray Mac
Thanks all for your replies....

So is there a will?
11:02, Mon 22 Jul
There is a will...
11:05, Mon 22 Jul
There is a will...

Where there's a will, there's a way.