To ask a question about a will

[irishchick93]

Posting here for traffic

If someone's spouse was left a farm and the spouse dies before his parents.

What way does that leave the will for wife and kids? No stipulations that I know off.

Legally nothing for spouse, unless will states otherwise. The kids, so couples grandkids, will inherit something if there are no others named in the will apart from the deceased son

There are other siblings on will but for other things?

Left a farm from someone other than their parents? This would mean that the wife and children would inherit under intestacy rules if there isn’t a will. The parents wouldn’t inherit the farm from their child if they were married unless this was written into the will.

If however you mean that the parents intended to leave their child a farm but their child predeceased them (ie parents are still alive), it depends on the parents will. The kids may eventually inherit but the wife wouldn’t unless named in the will.

Not sure which scenario applies. Perhaps some more detail would help?

Sorry didn't want to give identity away. Family farm..left to son. Other siblings named on will but for other things non farm related . Just wondering what way this stands for wife and underage kids?

Your question isn’t very clear but I think what you mean is ‘does the gift pass to the wife or children instead’.
For the wife- no not unless expressly stated as a substitute if husband died first. Have the parents actually died yet? If they are still alive they can update their will.
In any event, for the children, have you seen the will? It’s fairly common to include a substitute gift to children if original beneficiary predeceases.
if it’s a very basic will with no administrative provisions excluding it, s33 of the wills act 1837 provides for a substitute gift to children when the original gift is to their own child but they predecease. Would depend on the other wording in the will though.

If there was no will I believe that if an adult child has died their share of the estate passes to their children.

As there is a will I expect the will should say what will happen if one of the children is deceased. My own parents will says our children get our share if one of us is deceased I believe. From the information I could just find (googling) it looks like unless the will stipulates otherwise a legacy left to a child that is deceased would pass to the persons children. The will could stipulate something else though.

If the parents are still alive and have capacity they should rewrite their will reflecting their wishes now that one of their children is sadly deceased.

Who owns the farm now? If the parents own the farm and intended for this son to inherit, it’s up to them to decide what happens via their own will. They may choose to pass their late sons inheritance to his children.

If their son owns the farm, eg if it was gifted to him or bought, it will be inherited by his wife and children, not his parents, unless his will says otherwise.

@22mumsynet has nailed it.