A Will query

[thewizenedone]

If a beneficiary to a will pre-deceases the doner does the bequest die, ie to A £5,000 if A dies, but leaves a husband/wife could they try to claim the bequest?

In that case if you say if A should pre-decease me, the bequest to be held in trust for their children till they attain 21 would that suffice? TIA

There was a thread here recenlty where all that was explained. IIRC children inheriting what their deceased parents would have inherited is implied to all wills. Doesn't apply to spouses though.

I think.

thanks, its awfully confusing trying to pre-empt all eventualities!

If you are asking because you intend to write your own will I would strongly recommend getting it done professionally. A professional will help you think through all eventualities. They will also produce something that shouldn't cause problems. Unfortunately do it yourself wills frequently end up causing problems which cost far more to sort out than it would have cost to get a will drawn up professionally in the first place.

thanks I am going to do that, that dh and I were just discussing what we wanted put in. I was pretty sure the gift would fail, so will add specific alternatives should that be the case. Thanks again for answering

The answer is, it depends.

If you were leaving a pecuniary legacy (ie a specific sum) and it fails because the beneficiary has predeceased you then generally, that's it, it doesn't get paid out but remains part of the residuary estate.

If however you are leaving a share of your residuary estate, ie not a specific sum, to your own child and they predecease you then usually that share will pass to their own children.

I'm a will writer and always include a clause that residuary gifts to the testator's own child passes down to their child if they predecease, to avoid any doubt.

Occasionally a testator wishes it to pass to their child's spouse if that child predeceases but it isn't by any means automatic.

If you're interested, I have a paid for advert over on the Small Business Section of Classifieds.

Thanks Mumblechum, Dh has infact arranged an appointment with a local solicitor for this week normally needs a rocket somewhere to get things organised . Thanks again for the answer.

No problemo

(I am very impressed at your dh - I reckon out of 97% of my clients, it's the wife who organises the will appointments!)