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NSW Beneficiary Dies Before Distribution of Inheritance - What Now?

Discussion in 'Wills and Estate Planning Law Forum' started by Grieving NSW, 18 June 2015.

  1. Grieving NSW

    Grieving NSW Member

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    Hello.
    My grandmother recently passed away, naming my mother as one of 5 beneficiaries "in equal shares as tenants in common" in her will. My mother predeceased her mother (my grandmother) who was a beneficiary. The other beneficiaries , my mother's siblings are telling me that the inheritance of the estate will now get divided by 4, and not the original 5, as stated in the will, as my mother is dead. I'm sure that they cannot just assume this as there are only 4 left in the will...is this correct?

    Can anyone shed some light on this for me? Thank you in advance.
     
  2. Tim W

    Tim W Lawyer

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    Do you know if is there a residuary clause in the will?
     
  3. Grieving NSW

    Grieving NSW Member

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    Thanks Tim.....is that where it states that if a beneficiary dies it goes to their estate?- or words to that effect?
     
  4. winston wolf

    winston wolf Well-Known Member

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    Hi
    They may well be correct. If the will does not provide for you mother predeceasing your grandmother the estate will be divided 4 ways.
    A well written will would provide for this situation if it were what the will writer wanted.

    Do you have a copy of the will? Its all about the wording.
     
  5. Grieving NSW

    Grieving NSW Member

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    Yes I have a copy of the will....its very short. 4 points only. 1. I revoke..., 2, I appoint ...3. Beneficiaries in equal shares as tenants in common, 4. My executor may in their discretion exercise powers....
    Thankyou in advance
     
  6. Tim W

    Tim W Lawyer

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    Hard to give many useful suggestions without seeing the will document.
    Depending on the language of the will text (no, do not post it here),
    you may be looking at a thing called a "partial intestacy",
     

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