What happens to a legacy when the beneficiary dies before the testator?

[YorkshireLass76]

Can anyone tell me what the position is with this?

My mum was named in her relative's will and was due to receive a substantial sum along with a few others. Unfortunately she passed away several years ago. The relative, who by then was not of sound mind and did not make a new will, has now passed away too.

What happens to mum's inheritance? It would be life changing for me and my sister.

ETA that MN suggested this title and I don't understand it. Sorry!

Usually in a will there is provision for if a beneficiary has died.

eg it might say at my death I leave xx to my son Fred if he pre deceased me then to his children etc etc

in legal wording obviously

Failing specific instructions, it will revert to the residuary estate to be shared between the residuary beneficiaries except if your mum was a direct descendant, in which case I think it can pass to you.

It depends.

Most well written wills will have a clause for that exact scenario. MIL’s will, for example, leaves everything to her children and in the event they pre-decease her their share goes equally to their children.

If there’s no clause then often the gift just lapses and what they would have inherited goes back into the estate to be divided between other beneficiaries.

That can be different if the person who died was the child of the deceased. Then, depending where you are, the inheritance can be passed their children under the right of representation.

All depends on where you are, what the will says and the relationships between the deceased and the beneficiariesz

Like others have said, it depends on the specific wording of the will.

However if you have a good relationship with the other beneficaries it might be worth it to ask them if they would agree to honoring your mothers share of the estate for you and your sibling.

They were cousins and everyone is in England.

I'm afraid don't know what the will actually says or whether there was a clause. When I spoke to the person doing all the admin, he said he'd need to take legal advice as it wasn't clear how to proceed.

I know one of the other beneficiaries, but the others are the stepchildren and hated our family. None of us have spoken to them since their dad died 20 years ago.

You can get a copy of the will online for a few pounds I believe

The rules differ depending on where in the UK the deceased person was domiciled.

Not til after probate hs been granted

We had this when my dad died last year. His will was made in Scotland 20 years before he died, but because he lived in Wales for the last 12 years of his life it was dealt with in Wales. It didn't make any difference to his estate, though.

If the person who made the will lived in the UK there are very clear lines of inheritance , but I am not sure if they apply to a will or only if someone dies intestate. Sorry , not helpful, I will go and get the washing in!

I've just rewritten my will and for each of the five beneficiaries (not the charities) I was asked what should happen if the beneficiary should die before me.

Unless the will contains a clause saying what should happen to your mother's inheritance in this situation, the gift will fail and it will go to the residual beneficiaries (i.e. those who inherit whatever is left after any specific bequests have been filled). In that situation, it is open to them to execute a deed of variation so that your mother's inheritance goes to you and your sister. However, if your relationship with them is poor, I'm afraid that is unlikely.