Anyone know what happens if someone is left in a will that is deceased ?

churchhawk · 27 Oct 2017 at 21:36

My nan was left a sum of money in a will by her sister who passed away a few weeks ago.

My nan died 3 years ago, she has two children.

Anyone know what happens to the money left to my nan? Does it get left to the 2 siblings?

pepp77 · 27 Oct 2017 at 21:44

What Happens if a Beneficiary Dies Before the Testator?
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, although there are exceptions to this rule. Click here for more information.

It cannot be forced upon a beneficiary of a Will to take a benefit; they may reject the benefit at any point before possession of assets have been taken. If the interest is rejected then the disclaimer is treated for a transfer of value. Beneficiaries can also choose to redirect a benefit.

The click here is - https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

Taken from - http://www.howellslegal.co.uk/news/post/What-Happens-If-a-Beneficiary-of-a-Will-Dies.aspx

dowie · 27 Oct 2017 at 21:47

Does your nan's sister have any descendants, living spouse or other siblings?

churchhawk · 27 Oct 2017 at 21:50

dowie said:
Does your nan's sister have any descendants, living spouse or other siblings?

No, no other family, no children no husband

dowie · 27 Oct 2017 at 21:55

was your nan the only beneficiary in the will then?

AFAIK (And IANAL) - if your nan's estate is not the beneficiary because she died first then (if there aren't any other beneficiaries) you'd need to look at the rules for intestacy, with no other relatives then it would seem that it would go to your nan's two children

churchhawk · 27 Oct 2017 at 22:03

churchhawk said:
she has a daughter and brother, both living.

dowie said:
was your nan the only beneficiary in the will then?

AFAIK (And IANAL) - if your nan's estate is not the beneficiary because she died first then (if there aren't any other beneficiaries) you'd need to look at the rules for intestacy, with no other relatives then it would seem that it would go to your nan's two children

All i know so far is there are 3 beneficiaries, and the rest is split between a few cousins..........as i read the links it seems my nans share will just get put back into the estate and then shared out.

The executor wont say much more than what i have heard at this point.

Thanks guys, never looked into this before ( or had to ).