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When spouse predeceases maker of will

4 replies

saraclara · 17/09/2021 16:01

My DGF made my DGM the beneficiary of his home and residual estate when they made mirror wills. She predeceased him, but his will was never changed as at that point he had lost all language through a stroke.

What will have happened to the proceeds from his house and the remainder of his estate after some gifts made in the will?

My mother was their only child, btw. And this was some years ago.

OP posts:
Collaborate · 17/09/2021 16:17

The gift to his wife fails as she predeceased. Either the will makes provision for what should happen then or the intestacy rules apply.

Ozanj · 17/09/2021 16:22

It would be treated as if there was no will. So If he has natural born kids it would go to them but not to stepkids. Grandchildren only inherit if there are no children alive to.

TheNatureOfTheCatastrophe · 17/09/2021 16:39

Depends on the precise nature actual will. If properly drawn up it should specifically say who it goes to in the event that she predecessors him.
If it doesn't contain wording like that then the gift to DGM may be automatically interpreted to go to her offspring (ie your DM) any way.
Or it may fail completely in which case he would be partially intestate and that share would go to your DM.

Almost every scenario has it going to your DM.

saraclara · 17/09/2021 17:17

Thanks everyone. You're confirming what I assume would have happened, having recently seen the will.

There's been a weird kind of lie been told about this over more than 20 years, but my mum clearly forgot about her lie and let something slip last week that made me look up the will. Which said something entirely other than what we'd been told all this time.

She's a complex person.

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