Beneficiary of a will is dead, but they have kids.

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Person A has written a will stating persons B & C (specifically) each get an equal share of their estate.

Person B has no spouse and no kids.

Person C has a spouse and two kids.

Person C dies before A.

When A finally dies, does their estate go in full to person B. Or does 50% go to B and C's 50% share go to their spouse/children?

What if C has no surviving spouse, but does have 2 kids? Do they get C's 50% share, despite not being mentioned in the will?
 
Ooo, ooo - a quiz :)
If I had to make a uneducated in the ways of law guess I'd assume that person B would get the entire estate.
It was only persons B & C that were named in the original will. To make sure person C's spouse/family received anything they would need to be specifically written into the will.
 
Probably ...

50% to B
50% to the "estate" of C to be proportioned out as per their will.

But the executor of A's will should probably seek legal advise to confirm what should be done.
 
When I saw a solicitor for a will they were very specific that if a person in the will dies before the will congress into effect then the money can't be given to them or their remaining family. So in the case above this means that B gets everything. But you really need to see a solicitor on it as there may be grounds for contesting the will if C is a dependant child for example.
 
A well written will should specify what will happen. Usually wills state that the money goes to the person's heirs should the person be dead.
 
Mr Jack said:
A well written will should specify what will happen. Usually wills state that the money goes to the person's heirs should the person be dead.
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This. So I would say B gets 50% and the two kids from C take 25% each (or 50% to spouse). I could be completely wrong though. ;)
 
Mr Jack said:
A well written will should specify what will happen. Usually wills state that the money goes to the person's heirs should the person be dead.
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This, a proper will should make it clear. Plus Person A should update their will if a dependent dies to make it even clearer.

If for some reason the will simply mentioned equal split between B and C without any clarification on heirs of C, if C dies then B will get everything.
 
Lapse occurs when a gift made in a Will fails because of the death of the legatee or devisee in the testator’s (IHTM12001) lifetime. Where the legacy or devise is anything other than residue, that property will normally fall into residue.

If a gift of residue lapses, the property devolves as it would on intestacy (IHTM12101).

There are exceptions to the rule. The most common are where

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; in Northern Ireland, article 22 of the Wills and Administration Proceedings (NI) Order 1994). This does not apply where the gift is a life interest.

the testator or testatrix makes substitutory provisions in the Will. For example a gift to ‘such of my children as are alive at my death’ will clearly benefit surviving children and not the issue of any predeceasing child.
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Hope that's clear enough for you.
 
So... B will get everything unless (i) C was A's child in which case the rights will pass to C's children who are A's grandchildren; or (ii) there is specific provision within the will for the benefits to pass to C's heirs.
 
DanielMMS said:
So... B will get everything unless (i) C was A's child in which case the rights will pass to C's children who are A's grandchildren; or (ii) there is specific provision within the will for the benefits to pass to C's heirs.
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I don't know why I didn't know this. We recently had a thing where there were 12 beneficiaries but the person who's will it was was not in a position to be able to alter it. Most were dead :(
 
I believe that if C dies, he loses his interest. B still gets what he was entitled to under the will, and what was C's interest now passes under the intestacy rules.
 
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DanielMMS said:
So... B will get everything unless (i) C was A's child in which case the rights will pass to C's children who are A's grandchildren; or (ii) there is specific provision within the will for the benefits to pass to C's heirs.
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Does that law text specify it has to be person A's grandchildren, or just children of the beneficiary?

Although it sounds like if it's a will that hasn't just been scrawled on the wall in blood then it will have further explanation with more 'in the event of' sentences to properly explain the wishes of person A.
 
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BadMojo said:
Person A has written a will stating persons B & C (specifically) each get an equal share of their estate.

Person B has no spouse and no kids.

Person C has a spouse and two kids.

Person C dies before A.

When A finally dies, does their estate go in full to person B. Or does 50% go to B and C's 50% share go to their spouse/children?

What if C has no surviving spouse, but does have 2 kids? Do they get C's 50% share, despite not being mentioned in the will?
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in my case, being person C's son, I got the money.

hope this helps.
 
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