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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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My dad is the sole beneficiary in his stepfathers will and

Customer Question

My dad is the sole beneficiary in his stepfathers will and my mom is the sole beneficiary in my dads will. What happens if my dad dies before his stepfather and there are no changes made to the will and then my grandfather passes away. Does it supercede to my mother?
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.
Good day and thank you for your question. My name is ***** ***** I will try and assist you today.
It depends on how your grandfather's will is drafted. If the will allows for the inheritance to be inherited per stirpes, it would mean that if your dad dies before your grandfather and your grandfather does not change his will, that your grandfather's estate will be divided equally amongst your father's children.
IF the will does not make provision for his estate to inherit per stirpes, then your grandfather's estate will be distributed in accordance with the intestate succession act. How that is going to work is not something I can tell you with any amount of precision unless I know exactly how your family tree looks like, but your mother will certainly inherit a portion of your grandfather's estate in that instance.
There are a number of articles in the web that explains the Intestate Succession Act that you can work through and apply to your particular family
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Customer: replied 2 years ago.
I have a copy of the will, both my step grandfathers and my dad's. My step grandfather has no other direct family and my dad is the only one left. I have three brothers and and then myself there are no other relatives other than kids to each one of us. I am just concerned for my mother's well being. My step grandfather suffers from dementia and my dad has stage 4 cancer and it is a matter of days or perhaps weeks before he is gone. I am very worried about what might happen when my dad passes away. My mother has cared for both my dad and step grandfather for the past few years and I am so woriied that she will be left destitute.
Expert:  WCLawyer replied 2 years ago.
I am sorry if this sound insensitive, but if your grandfather dies before your dad, his whole estate will be inherited by your dad. That is irrespective of whether your dad passes away hours after your grandfather or days or weeks or how ever long. Because of the wording of your dad's will, your mother will then inherit both your grandfather and your dad's estates. That is logical, since your grandfather's estate will pay into your dad's estate and your dad's estate then to your mother.
If it is the other way around, however, then it will be as explained above. The fact that your grandfather has dementia, would mean that he would probably not be able to amend his will, unless he does have lucid moments and changes the will in such a lucid moment.
I understand your concern about your mother, but that is how the law operates in terms of succession.