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Will beneficiary died before receiving inheritance

12 replies

WillWillWill · 24/08/2022 23:03

My grandmother sadly died earlier this year and left her will 50/50 to my mum and my auntie. Sadly my mum died a couple of months later. Dad and I are still getting our heads around these losses especially with mum not having a will, but i have a practical question. Because mum died before receiving the inheritance, does it still form part of her estate and go to my dad, or does it all go to my auntie?

Sorry if I come over as cold with this post I am trying to keep emotions out of it but believe me I am heartbroken. I just need to be factual in my own head so I can help dad with paperwork and budgeting for his future. Family dynamics are tricky so if I ask my auntie about it then it will kick off over a simple question.

Thank you in advance Mumsnet.

OP posts:
doobedooboom · 24/08/2022 23:04

Unless her inheritance was conditional on her surviving a certain period of time and it fell within that time, my understanding is that the right to receive the assets will form part of her estate and pass in accordance with the terms of her will or intestacy - been a while since I had to look at that though! Sorry for your loss

lilyfire · 24/08/2022 23:05

It forms part of your mum’s estate and goes to your dad. Doesn’t matter that she didn’t actually receive it only that she died after your grandmother.

Ryanstartedthefire2 · 24/08/2022 23:06

It depends what the will says.

Itsallyellow22 · 24/08/2022 23:07

lilyfire that's not necessarily true, it depends on how then OPs grandmother's will was worded.

ChandlersDad · 24/08/2022 23:08

It will depend on the terms of grans Will. If s33 Wills Act has not been excluded the it will pass to your mothers children equally, not Dad.

ClaryFairchild · 24/08/2022 23:08

Usually "survival clauses" have time periods and are less than a few months,

So her share should be part of your DM's estate.

ChandlersDad · 24/08/2022 23:08

lilyfire · 24/08/2022 23:05

It forms part of your mum’s estate and goes to your dad. Doesn’t matter that she didn’t actually receive it only that she died after your grandmother.

No that’s not true at all.

AuditAngel · 24/08/2022 23:09

I’m sorry for your loss.

after my mum’s death, we found a life policy of my dad’s (he had died about 3 years earlier)

we told the company of my mum’s death and suggested it was paid into mum’s estate, but (after provision of death certificates) the amount was paid directly to myself and siblings.

i think your mum’s share goes to you and your dad, as long as there were no specific stipulations about her surviving her mum.

kerosene20 · 24/08/2022 23:09

ClaryFairchild · 24/08/2022 23:08

Usually "survival clauses" have time periods and are less than a few months,

So her share should be part of your DM's estate.

This. Usually 30 days so likely part of your mums estate and go to your dad.

ChandlersDad · 24/08/2022 23:11

Ok, I got the order of deaths wrong, ignore me.

WillWillWill · 24/08/2022 23:16

Wow thanks for lots of fast replies. I will try to find out the terms of the will. I would like to think my auntie would give my dad half if it came to it if only for the principle e.g. even 50p if the inheritance was £1, and to help him out at this hard time but if she's not required to then fair enough it would be her right to do as she wishes. Thanks again for being kind.

OP posts:
burnoutbabe · 28/08/2022 09:35

Survivorship clauses in wills are usually only between husbands and wife /partners. To cove them both going in a car crash. Not wider family. It would be very unusual to include such a clause with non partners, unless of course you though they may be about to die just after you (Ie both suffering illness)
Sensibly most people cover someone dying before them -leave to x/y but if x dies, then her share to a/b, to avoid keep updating it.

So if gran dies first 50% due to your mum and yes is part of her estate.

I believe if it's left to your mum and she died pre gran it goes onto her kids but (I think) that ONLY applies to direct descendants of gran. It would not apply I'd say £50 left to neighbours Bob who has already died. Then that £50 goes back to the estate.

A quick google should confirm all this.

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