Quick question about children pre-deceasing parents and wills

[tactum]

OK, quick question here. Dad has will, us three kids get assets/funds split equally. No mention of what happens if one of us predeceases him. It is very likely my sister will predecease him.

We are obviously committed to allowing her family access to her share of the inheritance, but what is the legal position? Does it go to her spouse or her 2 kids? Is it up to us to decide to gift it to them? Are there any tax/income implications - will likely be around £80-100k for each of the 3 of us.

Anyone much wiser than me out there? Many thanks in advance

If there’s no specific provision the estate will be divided between the surviving children. If Dad wants to make sure each child’s share goes to their children if they predecessor him he would need to change his will. Or after dad’s death all the beneficiaries can agree to alter the terms of the will however they want to - this is often fine fur tax planning purposes and needs legal/financial advice

Thanks, great. Think we'll have to go with the second option as Dad lacks capacity - me and other sibling have Power of Attorney, but it sounds like something we can do at the time of administrating Dad's will, rather than trying to change the will now. Thankfully we are all of the same opinion as to it being the right thing to do so it shouldn't cause any problems when the time comes.

Deed of Variation

www.gov.uk/alter-a-will-after-a-death

Actually, I think that under s33 of the Wills Act 1837 your decreased sibling’s children would probably inherit their share anyway - although it depends on the precise wording of your father’s will.

Fortunately even if the will is written in a way that doesn’t allow that, you can very easily put in place a Deed of Variation as said upthread, which will effectively rewrite the will in the way that the two of you think fairest.

I think it goes to her children rather than her spouse. I know of a couple of people this has happened to.

It sounds a very difficult time for you, OP, if your dad and your sister aren't well.

My mother was told that if my brother predeceased her, then his share of her will would go to his two children and not to his second wife. My mother has taken against her!

She is in Scotland though so that may make a difference.

generally if no will, or intestate any inheritance due to sibling C if sibling C has died already will go to sibling C's children , if C has no children it goes back to family line ( either C's parents or siblings) it will not go C spouse unless a will is stating that

in scotland you can't disinherit either your children or your spouse
moveable assets ( ie cash pensions savings shares furniture antiques and jewellery cars etc) you have to leave a third to your spouse and a third divided between your children the other third you can leave as you please
immoveable assets like houses and land can be left to one person
this was done historically so when the eldest son ( generally) inherited the farm the widow and younger children were not destitute if elder son refused to home them
also it means you can leave the fami;ly home to your spouse as well as their third but you can't leave everything to your spouse and nothing to your children

@LaurieSchafferIsAllBitterNow

My mother was told that if my brother predeceased her, then his share of her will would go to his two children and not to his second wife. My mother has taken against her!

She is in Scotland though so that may make a difference.

It would in my experience be very unusual for the estate to pass to a wife/husband in these circumstances The old saying of blood is thicker than water holds fast And the risk is that the spouse remarries and the inheritance passed to their new spouse Unless specific instructions to the contrary wills I draft provide that if a child predeceased their share passes to their children if they have any

Children/spouse have to claim their legal rights in Scotland
Most people who don’t want children to inherit would not leave them the third share,

Most children will claim their legal rights but some respect the wishes of the parent

.