Beneficiary in will has died

[saraclara]

My Mum made her will long ago. She left a certain amount of money to an old friend, who died seven years ago. She now thinks she needs to change the will, or that money will go to his son, who she dislikes.

Is that the case? Or does the bequest to the friend become null and void?

I'd change it to make it clear and unambiguous

Change it!

I think she should add a codicil at least, just to avoid any future problems.

If the beneficiary has already died the gift will fail. The money will not go to the son unless provision was made for this eg my will contains a gift to x but if they predecease me it goes to y.

ShanghaiDiva is correct. She doesn't need to do anything. The gift to the friend has lapsed so will go back into the estate to be distributed among the residual beneficiaries (i.e. those who get the estate after all the specific bequests have been distributed).

It all depends on how your mother's will is worded - best to check that then add a codicil if it's not 100% clear.

I've not actually seen the will. So I can't be sure how it's worded. She's thinking she needs a codicil, but it's a bit tricky. She is sharp in many ways, but she is also showing signs of cognitive decline. She's paralysed down one side, but keeps telling me and others that she walked to the toilet etc. And today she told me she was partway through cooking a rhubarb crumble for her friend, and could I put the rhubarb that was in a pan in the hob, into a dish for her. She is entirely unable to do anything for herself, so of course there was no pan of rhubarb.
So I'm not sure that she's of sound mind for adding a codicil. Even though she's really sharp on the legal and financial stuff.

If she’s happy for you to see the will it will be quite clear whether a codicil is required. If she has made a gift to x and no provision for what happens if x has predeceased her then no need for a codicil as explained above.

Capacity is decision specific....so she may have capacity for some things....but not for others

Check the wording in the will.

Separate, does she have powers of attorney in place so that if she does lose capacity, someone else can make decisions on her behalf? A financial one and a health one.

Change it quick !

@ShanghaiDiva

If she’s happy for you to see the will it will be quite clear whether a codicil is required. If she has made a gift to x and no provision for what happens if x has predeceased her then no need for a codicil as explained above.

Unfortunately she doesn't have a copy that I can see. It's with other documents that are kept either with her solicitor or with the person who does all her financial admin etc. I'll look into that though. I should have pushed a bit more this morning and asked how to get hold of it, but I didn't want to sound as if I was being grabby!

@Brakebackcyclebot

Check the wording in the will.

Separate, does she have powers of attorney in place so that if she does lose capacity, someone else can make decisions on her behalf? A financial one and a health one.

I have POA for both. But have only needed to use it with her permission, to do stuff that she can't.

@DinosaurDiana

Change it quick !

On what basis?

@saraclara
Yes, it can be tricky in these situations to find a balance between offering advice/explaining the law and not wishing to come across as wanting everything for yourself.

If she is declining as much as you say, I'd ask her to give you POA asap. She may be sharp about her financial affairs for now but if she is hallucinating rhubarb, she won't be for long and she'll need someone reliable to help her manage them.

[quote ShanghaiDiva]@saraclara
Yes, it can be tricky in these situations to find a balance between offering advice/explaining the law and not wishing to come across as wanting everything for yourself.[/quote]
Exactly! The deceased friend's son treated my mum pretty badly. So the last thing she wants us for him to benefit. Especially as her care is taking pretty much everything she has. So it could well be that he gets everything that's left, and her children and grandchildren get nothing! I don't need my share of £5k, but it would be very distressing for her to realise that's what might happen, when she's on her death bed. That's my only motivation, but it might not look that way to others.

Just get a copy of the will (explain your mother has requested it) then get a Solictors to look at it and see if needs changing.

There is no need to change the will. The bequest to her friend became void when the friend died. If the friend had died after your Mum then it would form part of the friend's Estate. See here:

www.co-oplegalservices.co.uk/media-centre/articles-jan-march-2019/what-happens-in-probate-if-a-beneficiary-has-died/

[quote Iamalltheyhavenow]There is no need to change the will. The bequest to her friend became void when the friend died. If the friend had died after your Mum then it would form part of the friend's Estate. See here:

www.co-oplegalservices.co.uk/media-centre/articles-jan-march-2019/what-happens-in-probate-if-a-beneficiary-has-died/[/quote]
Thanks. Now I just need to check that my mum didn't word it to go to the son if her friend died. When she made her will, they all got on fine and she was constantly singing the son's praises. It all turned bad later. So there's an outside chance that she allowed for him inheriting if his dad died.