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

This changes my previous post - if C was married and had no Will, C's spouse inherits, no B or D.

Was Person C married? Does Person C have other children?

Person B has acted illegally.

Yes, this is what I think too! It seems really wrong to me.

There is a surviving wife, although they were separated.

Sounds dodgy as hell.

It's not completely impossible that A's will
included a survivorship clause, and hence C's share does go to B if they didn't survive them by X days or whatever, but if I were C's widow(er) I would be banging down B's door and asking to see A's will because the most likely scenarios are that C's share goes either to their widow(er) or their child.

Yes, C's spouse inherits as he/she was married.

Thank you ALL you have been extremely helpful!

I will pass all of this on to Person C's wife and child and get them to get a copy of the will and see a solicitor.

I would think so. Typically wills say you must survive by 30 days

Surely it goes into person Cs estate?

Assuming you are in the UK the law is as below:
If a beneficiary survives the deceased by at least 28 days but then dies before receiving their inheritance, their gift or share then forms part of their own estate and will pass under the terms of their will (if there is one) or the rules of intestacy (if there isn't).
So yes this should still be treated as Cs money and part of Cs estate.

The 28-day thing depends on the Will.
Generally, 28-day survivorship clauses are less common nowadays and even if the Will was drafted this way, C survived A by 3 months.
I agree that C’s share therefore forms part of C’s estate and will pass to C’s beneficiaries under the rules of intestacy.

our solicitor advised us to put it in. They said that if dh and I died in the same car accident, they would deem him to have died first as he is older and everything goes to me and then it would get distributed according to my will only. I’m not sure if that’s just in Australia.

Usually the child of a beneficiary would automatically receive it?

The rule is the same in England; if you both die in the same accident and nobody knows who died first (most common in a plane crash) then the oldest is assumed to have died first.

So you go through the probate on the older partner's estate for the younger partner to inherit everything and then you go through probate on the younger partner's estate and everything goes to their beneficiaries.

Survivorship clauses are a bit outdated in the UK because they can produce weird and undesirable effects with married couple's inheritance tax exemptions but it's quite possible that they're still common in Australia.

If child of C is the sole inheritor of C's estate, then yes. If not, the portion will be split between C's inheritors unless one of them signs a deed of variation to allow it to go to just one of those with a claim upon it

Assuming it's England/Wales (I don't know for Scotland/NI), not necessarily everything goes to the spouse. It

Not necessarily all of it. Depends how much C's estate is. Anything under £322k goes to the spouse. Above that and it's split between spouse and direct descendents. As there's a spouse a d child, B isn't getting any of C's estate, including the money from A (unless the will was drafted very unusually).

No idea on the legality, but B is being a dick. It was never intended that they receive the money. D has lost their parent and the inheritance.

we don’t have any inheritance tax here so maybe that’s why.