Beneficiary of a will is dead, but they have kids.

[DanielMMS]

Does that law text specify it has to be person A's grandchildren, or just children of the beneficiary?

The law refers to "issues" which are the lineal descendants, so children, grandchildren, great-grandchildren etc

 

[DanielMMS]

I don't know why I didn't know this. We recently had a thing where there were 12 beneficiaries but the person who's will it was was not in a position to be able to alter it. Most were dead

Blimey that must have been messy. I imagine on the whole people assume their work is complete once they have made a will and simply forget that it is imperative to ensure it is up to date.

 

[Hyburnate]

Blimey that must have been messy. I imagine on the whole people assume their work is complete once they have made a will and simply forget that it is imperative to ensure it is up to date.

She was 97 in a care home since 2005, only died this year. She had dementia or something similar. She was a lovely women from what little I can remember

 

[cyber69]

Just been through a similar process and unfortunately, person B will get everything unless the person C's children have been specifically named in the will.

 

[Mr Jack]

Just been through a similar process and unfortunately, person B will get everything unless the person C's children have been specifically named in the will.

And person B is a terrible excuse for a human being.

 

[Nitefly]

X.

 

[Rroff]

And person B is a terrible excuse for a human being.

Nothing like a will for bringing out people's true colors.

 

[elmarko]

Nothing like a will for bringing out people's true colors.

So true.

I knew somebody who's mom & dad were due to divorce (finalising the paperwork) when the dad died unexpectedly (no will) & the entire estate went to the mother (who spent it on her & her new husband) while the kid got none of the fathers money.

It makes otherwise nice people turn into barbarian's.

 

[Goliath]

in my case, being person C's son, I got the money.

hope this helps.

This was the case with me too. My mum's aunt left her estate to be shared between her nephews and nieces equally: as my mum passed away before her aunt died I received mum's share.

 

[grumpysculler]

It depends on the relationship between the testator and beneficiary C (unless there is specific provision in the will).

If C is in the testator's bloodline, then the gift passes to the issue of C. If C is not a descendent of the testator, the gift lapses.

http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM12084.htm

[33 Gifts to children or other issue who leave issue living at the testator’s death shall not lapse.

(1)Where—

(a)a will contains a devise or bequest to a child or remoter descendant of the testator; and

(b)the intended beneficiary dies before the testator, leaving issue; and

(c)issue of the intended beneficiary are living at the testator’s death,

then, unless a contrary intention appears by the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death.

(2)Where—

(a)a will contains a devise or bequest to a class of persons consisting of children or remoter descendants of the testator; and

(b)a member of the class dies before the testator, leaving issue; and

(c)issue of that member are living at the testator’s death,

then, unless a contrary intention appears by the will, the devise or bequest shall take effect as if the class included the issue of its deceased member living at the testator’s death.

(3)Issue shall take under this section through all degrees, according to their stock, in equal shares if more than one, any gift or share which their parent would have taken and so that no issue shall take whose parent is living at the testator’s death and so capable of taking.

(4)For the purposes of this section—

(a)the illegitimacy of any person is to be disregarded; and

(b)a person conceived before the testator’s death and born living thereafter is to be taken to have been living at the testator’s death.