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Thomas
Thomas, Lawyer
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My relative died in December and she always told me that she

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My relative died in December and she always told me that she would leave me "something in her will". I would expect that probate will take a while yet. I have a severe cardiac problem. In the event of my death prior to probate, does any inheritance that I might have received automatically go to my own heirs, or not. I am not on speaking terms with my relative's family so am not able to ascertain the terms of her will.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

Do you no what the will says about your legacy and whether you must survive a certain period of time?
Customer: replied 1 year ago.

I know nothing about the content of the will I'm afraid

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Normal drafting of a legacy to a beneficiary will either state that it should simply pass to them if you survive the testator (ie. the will-maker), so if it was drafted in this way then it would simply pass to the beneficiaries of your Will or under the intestacy rules if you don’t have one.

Sometimes the Will may state that you must survive the testator for 28 days in order to inherit, so if you have done so then the legacy would again pass to your beneficiaries.

You should consider writing to the executor asking for details of the gift. If they do not respond then take out a standing search of the probate calendar so that a copy of the grant of probate and the Will will be immediately sent to you once it has been issued:-
http://www.justice.gov.uk/courts/probate/standing-searches



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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
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