Inheritance query

[kazillionaire]

Can anyone help? If a person who is due an inheritance passes away before recieving it, would this go to their wife or their children? Children are the wife's stepchildren, thank you in advance for any help x

It would depend on the terms of the Will.

Do you mean the person due to receive the inheritance died after the person giving the inheritance died (So that they were alive when the person leaving them an inheritance died)? If so, the property will pass to the beneficiary and on to whoever inherits from them.

It's normal to put this eventuality in the Will. So, for example, 'I bequeath to John my house, should he predecease me then to his children (or whomever)'. If this is not explicit, then the inheritance has 'failed' and that share goes back to the estate to be redistributed to other beneficiaries. However, I believe if the beneficiary was the child (biological or adopted) and dies before the deceased, then it should pass to their children should they have any. So generally it goes down the line, not sideways. I do not think step children count unless they were adopted.
If the person is alive beyond the stated period (called a survivorship clause, normally 28 days), but hasn't actually received it and then dies, then it usually becomes part of their estate.
But you really should consult with a probate lawyer as there are lots of circumstances to consider.

When you say "due" an inheritance, do you mean that

(a) X was mentioned in the will of someone Y who died after X did and for whatever reason had not updated their will to reflect X's death?;

or

(b) X was a beneficiary of someone Y who died before X did but whose estate was not fully dealt with before X died?

If it's (a) then presuming this is not specifically mentioned in Y's will (and if X should predecease me to his issue/ my half-cousin/ battersea cats' home) I believe it simply reverts to being part of the residue of Y's estate.

If it's (b) then the fact that it hasn't arrived in X's bank account is irrelevant: it's part of X's estate and is dealt with in the same way - either under the terms of X's will or according to the laws of intestacy.

So the question is: what does X's will say?

This is a mother who died leaving her estate to her son and grandsons, the son died approx six months after without recieving funds due to waiting for her house to sell. He left no will, I wondered if it will go to his wife or back to the estate to be shared between the other beneficiaries? The money was due to be paid out in about two weeks

The will didn't specify alternative arrangements, it was simple to be split three ways between the adult son and two grandsons, there was no provision for what would happen if one passed away before recieving it

I’m pretty sure it becomes part of his estate because it was owed to him at the time of his death. It won’t necessarily all go to his wife if he died intestate, but that’s for the executors of his estate to work out.

It should/could be in the Will.
My parents Will says if they both die, both myself and dB inherit everything. My df passed, mum got everything, if I die tomorrow (I hope not, still got lots to do) dds will inherit my share. They are named as beneficiaries.
The solicitor was very good with advice on that point as if I die they want my dds to have it not my dh as he may remarry —for sure he will—

This may help:

www.finalduties.co.uk/what-happens-when-a-beneficiary-of-a-will-dies/

The son still receives his share. As he’s deceased it goes to his beneficiary. So if he left everything to his wife then she’ll receive it.

The previous poster is correct. The inheritance forms part of the son's estate. As he left no will, what happens to it is governed by the intestacy rules. There is a guide to the intestacy rules at www.gov.uk/inherits-someone-dies-without-will

Thank you everyone for your help, it's been really useful information 😀