Does A Joint Beneficiary Still Get Their Inheritance If The Other Person Named Has Already Died?

[AlanTheTrainer]

My wife's great uncle just passed away with no children of his own. In his will he divided his entire estate into 8 equal shares.
On of those shares was meant for one of his nieces and her husband who (like some others) were named as a joint beneficiary of a share. Sadly she had passed between when the will was written and when the uncle did.
Most of the other named beneficiaries believe that the surviving husband should receive his 1/8 share as stipulated but on of the other nieces and her son (also each due 1/8) are claiming that as she is dead he looses his right to the share.
Everything I've seen on here only references individual bequests so I'm hoping that someone who knows will be able to tell me if the money grabbers have a case or if this is a cut and dried situation.
Thanks

[factor-fiction]

I always understood that in a case like this it would still be shared equally- one seventh each

[Barmaid]

It depends on the exact wording of the WIll (not just that clause but potentially following clauses). if you can post it I can tell you definitively (blank out real names etc). However, it seems to me likely that if it was divided into one eighths and then left as to 1/8th each between

jean and ron smith
barry and julie wood
bertha and mary wright etc

and say Jean Smith dies, Ron Smith would inherit the whole 1/8th share.

[woofgang]

if the person is identified as a beneficiary in the will then they remain a beneficiary unless there is a clause such as "proveded he is still married to my niece" or "provided that my niece is living at the time of my death"
its not up to the other beneficiaries to settle this, there are rules to inheritance and wills. Are you the executor?

[woofgang]

hello barmaid!! i defer to your much greater knowledge :-)

[factor-fiction]

Sorry Alan- I hadn't spotted that you had said they were named as a 'joint beneficiary'- my response assumed each person was just a named single beneficiary. Barmaid is the person to follow on this

[Peter Pedant]

I wanna add - BM is my fave - and FF a good egg ! - er but I wanted to add this is not a democratic vote amongst beneficiaries " Esmeralda's hubby gets one eighth by a vote of 6 to 2 - hey thank God he kept quiet about that woopsy boob job in one of his in laws last christmas party !"

but more a question of what the will says, and then interpretation according to the current law and it is done by the executor(s).....

it would be nice to get uniformity - but I am sure with seven lucky inheritors at least one whatever the answer is gonna gripe at getting only an eighth and not what she deserves ( a seventh ). Yeah I say she because the majority of plaintiffs in these cases are women who feel they have been deprived of their portion for which they have worked hard....

[ dear dear I dont come from a family tha has had a wills quarrel do I ? ]

Those inheritors who think they have been wronged can then bring a case - in Barmaid's fave court - Chancery !

[AlanTheTrainer]

Thanks to Barmaid and others for your valuable input.
I've just seen a copy of the will and here are the words used.
All the residue of my estate to be divided into eight equal shares and distributed as to:-
One share thereof to (niece 1) absolutely
One share thereof to (niece 2 - the one that recently died) and (niece 2's husband) in equal shares absolutely
One share thereof.... listing the other beneficiaries.

then there is the following.
Should any share of residue under the preceding sub clauses (xxx-xxx) fail or lapse completely then the such failed or lapsed share shall accrue to the remaining shares

Any further light this may shed would be illuminating.

Thanks

[Peter Pedant]

actually ... I dont know
anxious to see what BM says.

I think it turns on completely - I dont think the share has lapsed completely - it would if both were dead.

Interesting as it seemed perfectly obvious how the will would go UNTIL someone unexpectedly died.

[sandyRoe]

Chancery, isn't that where Jarndyce V Jarndyce was played out, costing most their inheritance and some their sanity?