Do GC automaatically inherit if parent dies?

[3duracellbunnies]

My parents have recently redone their wills to specify how 'my' share would be put in trust for our children if I were to die before them. Was wondering what would happen in the (unlikely) event that DH were to die before FIL? At the moment I assume that his original will is the one he made with his late wife leaving everything to her or if she dies first (which she has) then to be split equally between their two sons of which DH is one. BIL is a stickler for details and I could see him taking it all if legally his (which of course he would be entitled to), whereas I am sure FIL intention would be for our DC (on which he dotes) to have a share. Not that I imagine it makes much difference but BIL is married, think will probably not have children, so no need on their part to discuss it with FIL. Their family don't discuss these things much, but I could mention it if needed. We're not talking millions but maybe enough for university/deposit on house.

I think it depends on the wording but my aunt died before my grandfather and my cousins got her share when he died, rightly imo. My uncles complained but there was nothing they could do.

I normally recommend a clause to say that if any of your children die, leaving children of their own, then your child's share goes down in equal shares to their own children. Some people are happy to give the default gift to the son or daughter in law but there is obviously a danger that they will blow it/remarry and the grandchildren lose out.

So assuming that your PIL have fairly standard wills, if your DH predeceased the second of his PIL to die, his share would pass down to your children. If your BIL did in those circs, without children, then his share would go to your DH unless your parents specifically wish his share to go to his widow.

I'm a lawyer and will writer and have an advert over on the Classified Section of Mumsnet (Small Businesses) if you'd like to have a look.

We've got the sort of clause that mumblechum describes in our mirror wills. (But DS is only 2 so not really worried about his DW spending it all quite yet!)

Thanks mumblechum that seems fair enough. I think the chances of it happening are small (FIL 40yrs older), but reassuring to know. If anything did happen to dh would have mortgage paid and small pension, plus I could work, but it seems fair that the grandchildren would inherit some money for their futures.

Would he need to have that clause in his will for that to happen? What would happen if grandchildren aren't even mentioned. I didn't look in detail when I saw MIL will about 10yrs ago (before any grandchildren were thought of), but they looked old and wouldn't be surprised if they were drafted in the 70s when they got the house and dh was a little boy. Would his share still pass on to them or would it all revert to BIL because the concept of dh's children isn't mentioned?

I don't really want to push it too much with FIL or dh who hates any mention of death esp his or his father, but at the same time don't fancy having a battle with BIL for money our children could benefit from.

It is usual to make specific provision about this in a Will, but the Wills Act states that in the absence of a contrary intention set out in the Will, where there is a gift to a child of the testator, if the child predeceases then that child's share is split between the children per stirpes ('according to the root'). So say Mr Bloggs dies leaving a Will which says his 3 children inherit equally - but one dies before him, the estate is split into 3 and the share that should have gone to the deceased child is then split equally amongst the children. So if Mr Bloggs has 3 children, A, B and C where C predeceases leaving 2 children it would be split:

1/3 to A
1/3 to B
1/6 to child 1 of C
1/6 to child 2 of C

Hope that makes sense. I would normally specifically state that grandchildren inherit to avoid confusion (or the possibility of legislative changes that would affect this position).

Ok that's great, I'm fairly sure than none of mine will have been written out yet, although ds has broken a toy dinosaur there, so he'll need to watch it! Basically either it is in the will that they will inherit it, or it isn't but the Wills Act will mean that unless he makes a will specifically excluding them they will inherit anyway. One less thing to worry about.