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How do wills work?

6 replies

Mlpnko · 13/07/2024 13:15

Please can you let me know what would happen in this situation?

  1. Person A dies and leaves 25% of their estate to person B.
  2. Person A's property takes several years to get sold and in the meantime, person B dies.
Who would get the 25% from Person A now? The benefactors of Person B's will or the rest of the people named in Person A's will? Or something else?

If it makes any difference, the benefactor of person B's will is likely to be his wife. The other people named in person A's will are person B's sibling, nieces and children.

Thank you for your help.

OP posts:
muddyford · 13/07/2024 13:17

The benefactors from B's will. This happened to friends.

Gasp0deTheW0nderD0g · 13/07/2024 13:18

I am not a lawyer. You might do better to post in Legal to get better advice. However, this is what I think will happen.

The 25% of A's estate is owed to B at the time of B's death, so now forms part of B's estate, and when it is handed over to B's executor(s) they will add it to B's other assets and distribute in accordance with B's will, if there is one. If there isn't, B will have administators and the estate will be distributed in accordance with the intestacy laws.

I assume there is a solicitor involved. They should be able to advise.

Cerialkiller · 13/07/2024 13:20

If it is established that b died after a then the inheritance forms part of bs estate even though it hasn't been distributed yet.

GameOfJones · 13/07/2024 13:20

It forms part of person B's estate and goes to person B's beneficiaries.

Kovus · 13/07/2024 13:21

It partly depends on how long B lived after A died because there is normally a 30 day clause.

Wills can be made very flexible and if there is no surviving spouse it may have been left on a flexible trust with guidance to the exors in a letter of wishes.

It is not uncommon for any bequest to be subject to B's lifetime - a life interest - in which case when B dies the assets go to others.

The right question is not 'how do wills work?' but "what did A's will actually say?".

Mlpnko · 13/07/2024 13:25

Thank you all. A's will just said 25% to person B. No other clauses. It was a very simple will. It's over the 30 days so seems it will go to person B's wife. Thanks for your help.

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