Daughters inheritance

[lollipoprainbow]

My daughters dad will inherit money from his parents house sale once his mum dies (dad died 2 years ago). If anything should happen to him before he inherits will the money automatically pass to our daughter ? He's adamant that it will and he doesn't need to make a will. I'm not so sure, Any advice ?

Bit premature! Is his mum unwell?

Even if he makes a will it won’t include his parents money if his mum is still alive!

Can’t wait for my son to grow up and get married so my DIL can plan where my money goes

It would include that, @BigSandyBalls2015, because the will would presumably say he left all his money and belongings to his daughter. He doesn't have to specify the amount.

Depends on the terms of his parents will. But normally it would pass to your DD.

Are you married/in an ongoing relationship with him? Because if he marries someone else any money would usually pass to the new wife, not your DD, on his death.

@BigSandyBalls2015

Bit premature! Is his mum unwell?

Is this where we find out his mum's in her fifties and perfectly healthy?

@HollowTalk but he won’t have the money if he dues first

No, it will not. He needs to make a will.

Or she could leave it all to her cat and nobody gets anything.

If he dies before his mum then he won't get the opportunity to inherit anything! His mum can choose to leave her assets to her granddaughter or anyone else she fancies, whether or not her some is still alive.

If your ex has anything worth leaving then he should write a will, but there's no need for it to include an inheritance that he has t even received.

His mum is 87 and in a home. We aren't together and I haven't had much in the way of Money from him or his parents. What's wrong with trying to get some money for my daughters future ????

This is a good graph that shows the rules www.hughjames.com/documents/docs/2020/intestacy-rules-flow-chart-february-2020-6443.pdf

If his dd is his only child and he's unmarried at time of his death then yes she gets the lot. If she's under age it will go into a trust I imagine

@ProudThrilledHappy why the need for that comment?

It would depend on the terms on his mum’s Will. So my grandparents Will had a clause it in which stipulated that if one of their children died before them, that child’s share of grandparents Will would be given to any children that child had (I.e - grandchildren.)

Does your ExH have other siblings?

I am simply pointing out that unless you have read her will, you have no idea what her plans are and cannot plan accordingly. It isn’t your daughters inheritance yet. She can leave her money to anyone, not necessarily your ex

He can’t make a will to decide where someone else’s money goes.

It all depends what his Mum’s Will says.

Most of us who did wills with the advice of a solicitor have clauses that say what should happen if one of the beneficiaries pre-deceases them. Typically that the money passed to their children.

If this is the case, yes, if something happens to your Dd Dad then the money would go, as specified in her will, direct to your Dd.

If she has just said ‘my children’, and your ex has died leaving a sibling, then the money will go to the sibling.

Nothing your ex puts in a will will affect what happens wrt his mother’s Will when she dies.

He needs to make his own Will leaving his estate, whatever it is and whether or not he inherits from his Mum, to his Dd.

If she is in a home, has a charge been put in the house to pay for it? That will be paid first before any money goes to beneficiaries.

It will depend entirely on what your ex-MIL's will says. If it says leave everything to my ds (ie your dd's father) or issue if he predeceases her then yes she'll inherit.

On the other hand if her grandmothers will says it goes to the Cats Home, or it goes to her father IF HE IS ALIVE, otherwise the Cats home gets it, then no.

It's her grandmothers will that will decide where the house goes. Assuming care home fees don't take the lot.

If her father does inherit, then if he doesn't have a will she will automatically get the first £250k of his estate or thereabouts.

Various possibilities, OP. I am not a lawyer, and probably most other posters here aren't either, so treat everything we say with caution.

I think it's quite likely that your daughter would inherit directly from her grandmother if her father died before his mother, but nobody can say for certain without a lot more information, some of which you won't (and frankly, shouldn't) have.

• Did your daughter's grandfather leave a will, and did it specify that your grandmother should have the house until her death? Or was she a joint owner of the house and therefore is now the sole owner? In the former case, the grandfather's will might specify what happens to the house after his wife dies, and that could be anything.

• Does the 87yo lady have a will? If so, what does it say? (Not that you or anyone else has any right to know this, of course.)

• How many siblings does your ex have? Do they have children? Does your ex have other children? Any inheritance will probably have to be shared with all these people.

The most likely scenario whether there's a will or not is that the grandmother's estate passes to her children and if any of the children have died before her their children, i.e. the grandchildren, get that share between them.

However, given she's in a care home, there's another possibility, which is that the house will have to be sold to pay care home fees and there will be very little left for any of her children or grandchildren.

Just to add, that If your exH passed away before his mum and she doesn’t have a Will, then the rules of Intestate would apply. So your DD will inherit what would have been your ExH portion of the grandmother’s Estate.

@lollipoprainbow There are alot of correct answers in this thread but, as a Will writer, I can say that for clarity your ex should certainly make a Will. If he marries, either without a Will or having made one prior to marriage, his new spouse would become entitled to the first £270,000 of his estate and any extra would be split between the spouse and any children. If he does marry it's then very important that a Will is written at that point to protect your daughter's interest.
Does your Ex's mother have a Will? Could she leave an amount directly to your daughter? Worth a conversation if possible.
If your daughter is a minor, you will naturally remain her legal Guardian but her inheritance might remain in the hands of the executors of your Ex's estate until she reaches 18. They should act in her best interests but again a Will provides clarity.
I hope this helps but please ask if you need more.

If shes in a home chances are there won't be much left. You do sound a bit greedy though

How old is your daughter?

I think if your daughter is a child and he’s unmarried, and has no siblings, and no other kids, then if she’s next of kin it will go to her yes, but it needs to be put in trust, as otherwise you would likely be able to spend it, and as much as I’m sure you wouldn’t, and would protect it for her, sadly some people will take their kids money and use it for themselves.

So maybe suggest He does a will and sets up a trust for her?