Would this child get any inheritence?

[EachandEveryone]

I’ll try and keep it simple.

my mums brother died recently and he had three daughters. One daughter died recently and sadly as well leaving a grown up daughter.

im guessing the brother hasn’t changed his will and his house would have been left to the three children. In this case would the child get her mums share or does it automatically go to the two remaining siblings. And if the will has been changed to the two siblings is that just tough?

I was having a discussion with my mum about it and her thoughts were interesting and not the same as mine!

I have no actual legal knowledge of this so take my opinion with a pinch of salt but i would assume it would go to the two remaining in that case? Inheritance is a gift not a right if that makes sense.

morally however.. different story

It goes to the two remaining siblings. At least in my jurisdiction. Unless the will specifies that the share goes to the child of the sibling.

I’ve seen my parents will. In the event of my death, my share of the money goes to my child(ren) automatically. Same for my sibling.

that seems the most logical and fair way to set things up to me.

If they are in England the grandchild will receive their parent’s ⅓.

Yes the daughter will receive her mother’s inheritance if the will has not been changed.

It depends what the will says but I think it’s usual when writing the will to consider if one of your beneficiaries predeceases you what happens to their share.

If no Will the inheritance would be split 3 ways with the Granddaughter having her mother's share as her closest direct descendant. If the 1 daughter had more than 1 child then the share would be split between them.

Depends what the will says. Nobody can tell you without knowing that.

Unless the will says otherwise, it would be usual to go to the granddaughter. That's what applies under intestacy rules.

Someone close to me died without a will. The courts followed the lines of inheritance. Children -> Parents -> Siblings -> Grandparents, etc. It stopped and got divided among whoever was closer. In this case it was the parents. If the parents hadn't been alive, it would have been divided among siblings. Nieces and nephews probably came after grandparents, I imagine.

What does the will say? My will is specific that if a child's share fails due to them being deceased, it goes to their children, if there are any. If it didn't specify that, it would be divided among my surviving children only.

I would assume the child would inherit her mother's share however there could be details of which we are not aware.
ie: the deceased daughter could have already accessed her share early, the grand daughter might be a drug addict or disabled necessitating her Aunts to request other variations put in place, the man could have outstanding loans to some of his daughters.

This depends on jurisdiction and what the will says specifically.

In England, gifts left to a child of the deceased who has already died will pass automatically to that beneficiary's own childen unless the will specifies that the estate is only to be divided among living children. This is a specific exception carved out in the law for children and their children and it wouldn't apply if the estate was left to other parties. It also doesn't apply if what was left to the children in the will is a life interest (ex. rights to live in a property until death) rather than a gift made in full.

ETA: this is laid out in IHTM12042 and IHTM12084 if anyone wants to do some googling

As @GravyBoatWars says. It does therefore require one to know what the Will says.

Wills do a specific job. A point often overlooked!

in the case of mine and dh's will, should any children pass away, the deceased child's share still gets passed onto grandchildren.

That’s what I thought would happen.