Inheritance question

[BlunderMifflin]

Person A dies. In their Will they leave their money to Person B, Person C and Person C's child.

Person C then dies before probate is granted.

Who gets Person C's share of the inheritance, bearing in mind they died without a Will?

Thank you

It depends on the relationship between A, B and C. We don’t have enough information.

Ok.

Person A is the parent of Persons B and C.

It will prob go into Cs estate, unless it's in the 30 days that some will require inheriter to live for

Generally it would fall into Person C’s estate, but depends on the exact wording of Person A’s will.

Person C’a child automatically inherits Person C’s so long as S33 of the 1867 Act hasn’t been expressly excluded.

If C was alive when A died, the bequest will go into C's estate, I would think, so will then be distributed according to C's will.

Im afraid I don't know what that means. I will never get to see the wording of the will as these people aren't related to me, but Person C's child is close to my family and something just seems off to me.

Doesn’t that only apply if C died before A?

As mentioned in the OP, person C didn't have a will. They died three months after person A.

The most likely thing is that C’s estate would have inherited C’s share, and then the entire estate distributed via the intestacy rules wherever C lived.

What seems off to you?

I think there is only probate if there is a will. If there is no will then it is letters of representation. The first post referred to a will. So I not sure if it is a will situation or intestacy (for both people who have died). Also even between England and Scotland the law differs so we would need to know that and how soon after the first person the second died.

Is there a clause saying that if a beneficiary dies within a month of the testator, that it’s treated as if that beneficiary died first? This is standard, and if so, then C’s share passes to their child unless the Will specifies otherwise.

@NinetyNineOrangeBalloons They are all in the Uk. What seems off is that Person A's estate was to be split as follows:
Person B gets 47.5%
Person C gets 47.5%
Person D (child of C) gets 5%

Probate was granted last week. Person D got 5% and Person B got 95% because Person C died last month. Person B says he got legal advice but how do we know that's true.

That definitely seems off.

C’s child needs to get hold of a copy of A’ s will to confirm what it actually says.

Person A died in May with a will, Person C died in August without a will. Both in England.

D (or you) can get a copy of the will here

https://www.gov.uk/search-will-probate

This is very helpful! Thank you

That’s definitely not right! Who are the executors?

Sorry, missed that there was no will. But if C outlived A by 3 months then I'd have thought it was a certainty that C's inheritance from A is owed to the administrator of C's estate.

just checking, was C married?

That's what I think time be the case.

Massive cross post there! That doesn't seem right at all. D needs legal advice ASAP.

Person C was married, yes.

Person B, the one who has inherited 95%, was the executor of A's will apparently...

Person B is a whole heap of wrong. They are C's sibling (or half sibling) if they are borh children of A. If the gifts in A's will were absolute and C died both unmarried and with a child (Person D), then Person D inherits.

If Person D is a child with a surviving parent, that surviving parent needs to get legal advice.

Person B sounds like they’re trying it on…

Depending on C’s estate (not just what they should have inherited from A), D may not have inherited anything from C - this is the situation on intestacy in England (hopefully copy and paste will work)

If the estate is worth up to £322,000
The husband, wife or civil partner gets all of the estate and is entitled to apply for probate.
If the husband, wife or civil partner died after the deceased, their share will become part of their own estate.
If the estate is worth over £322,000
The estate will be divided between the husband, wife or civil partner and the children of the deceased.
The husband, wife or civil partner gets:

• up to £322,000 in assets, and half of the rest of the estate
• all of the personal possessions of the deceased

The children of the deceased are entitled to a share of the half of the estate above £322,000.