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I wonder if you can answer this Q please. We have a case as…

Hello there, I wonder if...
Hello there, I wonder if you can answer this Q please.We have a case as you may recall fr my previousQ. So, A has died recently and the administration of her estate hasn’t even started yet. A’s 3 children B, C and D are the only beneficiaries. B has 4 grown up children and is herself having treatment for terminal cancer. B has left everything she has to her 4 children. What will happen to A’s estate if B dies before probate is granted?
Say if B’s estate includes lifetime gifts given by A (which could be the subject of dispute between B C and D) then what is likely to happen to B’s estate if she dies before A’s probate is granted.
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Answered in 11 minutes by:
3/10/2018
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 642
Experience: Senior Associate Solicitor and Litigator
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Hi there, if B dies then as long as B is mentioned in the will, and the will is valid, it does not matter whether they die in terms of their share of the estate - it would simply pass to B’s children under probate rules as it forms a part of their own estate. I presume B has a will of their own? Even if no will, B’s children would benefit under intestacy rules. So if B dies and probate not granted yet, as long as there is a valid will, B’s children would still benefit as long as B has them self a valid will. Does this make sense?
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Are there valid wills for A and B?
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Customer reply replied 4 months ago
A was the mother & died intestate. B, C and D are A’s daughters. B (terminal cancer) has a valid will so her own estate goes to her 4 kids. Hope this clarifies
If A died intestate then (assuming A was not married and the person they married aren’t still alive) then their estate passes under the rules of survivorship so will pass to B,C,D. If B has a valid will then B’s four kids will benefit from A’s estate, no question
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Customer reply replied 4 months ago
In the case of the latter I assume that B’s estate (which could be contested before her death as lifetime gift by A in the A’s estate dispute) will then be totally excluded fr A’ estate dispute. Correct? I know what my Q is but find it v hard to type it out. Hope it makes sense. And yes A was a widow
A lifetime gift would be excluded, yes, unless it’s specified in the will.
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 642
Experience: Senior Associate Solicitor and Litigator
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Customer reply replied 4 months ago
Hi again, I have another dual Q which relates to another EU country (Portugal) can I out it to you as a new Q and you see if you deal with it or not? Even if you don't deal with that specific to another EU country it'd be good to know what procedure we'd take over here in UK anyway as it may be quite similar. May I post it as a new Q for you?
Hi yes thank for that, I've just sent an answer
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