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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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a relative has left a will (mid 90s) naming all his siblings

Resolved Question:

a relative has left a will (mid 90's) naming all his siblings as beneficiaries of his estate in equal shares absolutely, two have predeceased him and no replacement beneficiaries have been the children of the predeceased siblings have any claim on the estate ? I assume the estate will be divided in equal shares between the surviving siblings
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Thanks for your question.

If the Will of the deceased does not name a substitute (ie. I bequeath....... to John Doe or if he shall predecease me to such of his children living at the date of my death”) in the clause dealing with this or elsewhere in the will then the share of the share of the siblings who have predeceased simply falls back in to the residuary estate.

It would therefore simply pass to the surviving siblings in equal shares. If the beneficiaries and in agreement however a deed of variation can be executed to pass that predeceased’s sibling’s share to their children, but it is there decision.

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