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Legal matters

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Original poster

What happens to a child's inheritance if the child dies?

10 replies

Skyebluesapphire · 10/02/2013 22:23

Horrible question I know, but I am concerned about my DD and her inheritance. I have left the house to her in trust until she is 21. (She is 4yo). If she dies at the same time as me, then it all goes to my brother.

An awful thought and an awful question, but if I die and everything is left in trust to her and then she dies before being old enough to make a will, would everything go to her dad as her next of kin? or if he was dead, who would it go to?

My brother is concerned as he has no children and his estate would be quite substantial and everything is left to my DD. He would hate for it all to end up going to my XH if anything were to happen to DD as they are a family of wasters who blow everything and get into debt

I know this is all hypothetical and would be very unusual for us all to go and then DD to go, but I am now really curious as to what happens.

Any advice/information gratefully received.

OP posts:

AgentProvocateur · 10/02/2013 22:25

When we set up a trust for a family member with LDs, we stipulated what should happen to the money in the event of his death. I would imagine that this is standard in any trust.

Earlybird · 10/02/2013 22:25

I think you can specify who you'd like everything to go to in the event that your dd dies.

Were / are you married to your dd's father?

AgentProvocateur · 10/02/2013 22:26

What I mean is, we had to stipulate what should happen to any money in the event of his death.

Original poster

Skyebluesapphire · 10/02/2013 22:53

I was married to XH. He and his entire family are extremely bad with money. both him and his brother have been bankrupt and the sister is no better.

I just dont want him getting his hands on her money, or his family, if anything were to happen to me, then her. I presume that this is something that would be done then when the trust was set up, so as long as I make the trustees aware of my wishes, it should be ok.

I would rather that it went to charity than to a bunch of losers.... and so would my brother

OP posts:

cooper44 · 10/02/2013 22:57

i am pretty sure when I did my will that I specified who would inherit if DCs didn't and in any case - you can specify whatever you want to as it's your will so it's easy to make sure that it doesn't go back to your ex.

edam · 10/02/2013 23:01

So, you've made a will stipulating if you die before your dd is whatever age you specified, your estate goes into a trust for her, and your brother has done the same - but neither of you remember which beneficiary you specified should dd die? You must have put someone or something, your solicitor can't have let you leave a big black hole!

Original poster

Skyebluesapphire · 10/02/2013 23:19

The only thing I asked the solicitor to do was if me and DD went at the same time, then it goes to my brother. nothing was mentioned at all about what happens to the money if both me and my brother died and then DD dies before being old enough to inherit. I didnt give it a thought and the solicitor didnt mention it.

OP posts:

mumblechum1 · 11/02/2013 12:51

Your will should say something along the lines of "..Residuary Estate to my dd (name) or it may say "such of my children as survive me for 30 days and if more than one in equal shares but if my said child/ren do not survive me then this gift shall be paid to my brother x. BUT IF all of these gifts fail then my residuary estate shall be paid to Y (then their children etc etc).
I suggest that you re-read your will, as it would be unlikely to say anything about you and your dd dying together, but more usually to pass to your dd if she survives you by 30 days. Therefore it follows that if she died at the same time as you, the 30 day clause would kick in and it goes to your brother.

If you want to go a step further to cover what would happen if your brother also predeceases you and has no children, you could add a section to your will by way of a codicil. Otherwise the law of intestacy applies. This means that your estate would go to your parents, and if they've predeceased you, to any surviving siblings, if no siblings, neices and nephews and so on.

Original poster

Skyebluesapphire · 11/02/2013 12:56

so basically if DD inherits, then dies, her estate would go to my XH as her father....

so we do need to both have something in our wills saying that if DD dies as well, then the money goes to a different family member... as we definitely do not want XH to get his hands on the money. Im only talking about a house, but my brother owns a farm and has no children of his own, therefore DD is his sole heir and he does not want the money to go to a bunch of wasters should DD not make 18 for any reason....

I don't know how the will is worded, but I specifically asked my solicitor to ensure that mine said if me and DD went together, then everything is left to my brother.

It's such a horrible thing to think about, but we just want to cover all avenues

OP posts:

mumblechum1 · 11/02/2013 13:14

If you want me to have a look at your will, please feel free to PM me. I'm a willwriter and have an advert over on Classifieds/Small Business, but happy to give your current will a quick going over at no charge, with absolutely no pressure to change it with me.

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