WHat happens when the person bequethed in a will has already died?

Howjoe1

I can find plenty of info on the adiministration of an Estate where someone dies intestate (i.e. no will made).

But are the rules the same when there is a will and probate etc.

Facts:

Bachelor dies. Leaves part of his estate to a brother. The Brother is dead. Does it pass on to the siblings of the deceased Brother ?

slimjimmc

I thought it goes to the heirs of the dead brother. But I don't know.

Farcear

Edit: actually this was incorrect. see below.

Howjoe1

Thanks guys, I think I understand that but if I can make it simpler for my own benefit, let's say:

Paddy makes a will, say, 10 years ago.

He specifies that 50% of his estate is to go to his brother Mick, and

50% on his estate is to go to his sister Mary.

No other parties are mention in the will.

At the time Paddy dies, his brother Mick is already 4 years dead (the old will was never amended)

What happens the 50% share that was specified to go to Mick?

Farcear

Actually, just a quick edit to my above post.

If the gift is a specific gift, e.g. "this house", then the gift will fail and Paddy's residuary legatee (the person who gets the remainder of Paddy's assets) gets the house.

If the house itself was part of the residue then it goes to Mick (and then on to whoever Mick left it to by will, etc.)

Howjoe1

Farcear wrote: »

Actually, just a quick edit to my above post.

If the gift is a specific gift, e.g. "this house", then the gift will fail and Paddy's residuary legatee (the person who gets the remainder of Paddy's assets) gets the house.

If the house itself was part of the residue then it goes to Mick (and then on to whoever Mick left it to by will, etc.)

I'm still confused

Using the above example again, and taking the following into account:

Paddy (was a Bachelor) . His Brother & Sister both were married with children.

The only asset was the house that Paddy owned. The sale of same is almost complete now. So who gets the 50% tht was bequeathed to Mick?

btw, Mick had made no will.

Farcear

It's somewhat tricky. There are two questions:

(1) Does it go from Paddy to Mick? Yes; unless Paddy's will says "my house to Mick and the remainder to [whoever]" or "everything to Mick and [whoever] as joint tenants."

(2) If so, who gets Mick's shares? Rules of intestacy say your surviving wife gets 2/3 and your surviving kids get 1/3.

Howjoe1

Farcear wrote: »

It's somewhat tricky. There are two questions:

(1) Does it go from Paddy to Mick? Yes; unless Paddy's will says "my house to Mick and the remainder to [whoever]" or "everything to Mick and [whoever] as joint tenants."

(2) If so, who gets Mick's shares? Rules of intestacy say your surviving wife gets 2/3 and your surviving kids get 1/3.

Thanks for that. I'm looking at it from Mick's point of view. Mick & his wife are both deceased, so his share might go to his children?

I have yet to see the exact details of the will, but plan to pop into the Probate Office to get more of the finer details. I might post back up here when I have seen same and any further advice would be appreciated then if you don't mind.


The only thing I can add at this stage is:

A Solicitor looked for the PPS numbers of the children of Mick. They thought (assumed) Paddy died intestate and that info was required to administer the estate. But now they know there is a will with the Probate Office , so that might change things (especially if comig to light only at a later stage). Or does the Solicitor's request for PPS nos of the children of the late Mick make it safe to assume that something passes down to them despite the presence of a will?

I know ultimately, the info in the will is key, but speculating for the moment?