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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Please can you help with this tricky situation Grandma

Customer Question

Hi, Please can you help with this tricky situation:

Grandma has a will leaving everything to her 2 daughters, one of the daughters is terminally ill, who inherits her half in the event of her death, is it all left to the one daughter or would it be the deceased daughters children

Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.


Thanks for your question.


It depends on how the Will is drafted. The residuary estate clause is the clause which directs where the remaining part of her estate will go following the deduction of funeral expenses, her liabilities, IHT and any other legacies in the Will. Normally a will drafted shall ask the testator what she wishes to happen if one of the residuary beneficiaries (ie.the two daughters) dies.


They will ask if she wants the residuary beneficiary's share to go to the residuary beneficiary's children (or husband/partner for example). If the testator wishes this to happen the Will shall be drafted to give effect to this. If she does not want this included and no other provisions are made for what shall happen to it then it will go to the surviving residuary beneficiary.


You cannot tell without looking at the Will. It's a sensitive subject obviously but you may wish to politely enquire with your grandma.


If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,




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Customer: replied 6 years ago.
just trying to understand what your saying !
Customer: replied 6 years ago.
ooooo, im very confused now with the terminology used.

Lets see if im getting it !

If the will says everything is left to Jean and Lynn ( lets use the names instead of the technical bits ) ! and no other provision made in the event of one of their deaths, then Grans estate goes to the surviving daughter ?

Expert:  Thomas replied 6 years ago.

Hi Deb,

Sorry if I was a bit unclear but yes, you're correct.


Kind regards,