Quizzes & Puzzles42 mins ago
If You Leave A Legacy In Your Will To Someone And They Die Before You Do...
...what happens to it?
Does it automatically go to their partners? Or does the will need to specify that in the event if them predeceasing me their partners should inherit?
Does it automatically go to their partners? Or does the will need to specify that in the event if them predeceasing me their partners should inherit?
Answers
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No, her husband (presumably) isn't mentioned in your will, so he cannot inherit. If you want him to inherit (and other spouses) then I recommend you do get a solicitor involved, otherwise you may inadvertently produce an ambiguous will.
The Covid-19 crisis does make things difficult, I am a bit unhappy about my present will, but being confined to isolation at home I'm not sure how I can amend it - no doubt my solicitor who drew it up could take instructions over the 'phone but my signature requires two witnesses - could they witness through my kitchen (or other) window?
The Covid-19 crisis does make things difficult, I am a bit unhappy about my present will, but being confined to isolation at home I'm not sure how I can amend it - no doubt my solicitor who drew it up could take instructions over the 'phone but my signature requires two witnesses - could they witness through my kitchen (or other) window?
>>> Or does the will need to specify that in the event if them predeceasing me their partners should inherit?
Here's a one-word answer (from the former MD of will-writing company, me): YES!!!
Here's a rather more long-winded answer (from the same source):
A gift left in a will is deemed to have 'lapsed' when the beneficiary dies before the testator. A 'partial intestacy' is then created, with that gift having to be disposed of as if the testator had never written a will at all. (The rest of the will remains valid though).
The ONLY exception (other than as below) is when
(a) the deceased beneficiary was a child (or grandchild, or remoter descendant) of the testator ; AND
(b) they had children who were still living at the time of the testator's death.
Under those circumstances it's those surviving children who share the gift equally.
i.e. while there are certain limited circumstance where a gift to a deceased benefuiciary can go 'downwards', it can NEVER go 'sideways' (to a partner).
The other minor exception to the rule about a gift lapsing upon the death of the beneficiary (which I hinted at above) is where the gift came about through a 'moral obligation'. (e.g. where the purpose of the gift was to repay a debt). Under such circumstances, it's possible for the gift to pass to a different beneficiary whereby the moral obligation will still be fulfilled.
Here's a one-word answer (from the former MD of will-writing company, me): YES!!!
Here's a rather more long-winded answer (from the same source):
A gift left in a will is deemed to have 'lapsed' when the beneficiary dies before the testator. A 'partial intestacy' is then created, with that gift having to be disposed of as if the testator had never written a will at all. (The rest of the will remains valid though).
The ONLY exception (other than as below) is when
(a) the deceased beneficiary was a child (or grandchild, or remoter descendant) of the testator ; AND
(b) they had children who were still living at the time of the testator's death.
Under those circumstances it's those surviving children who share the gift equally.
i.e. while there are certain limited circumstance where a gift to a deceased benefuiciary can go 'downwards', it can NEVER go 'sideways' (to a partner).
The other minor exception to the rule about a gift lapsing upon the death of the beneficiary (which I hinted at above) is where the gift came about through a 'moral obligation'. (e.g. where the purpose of the gift was to repay a debt). Under such circumstances, it's possible for the gift to pass to a different beneficiary whereby the moral obligation will still be fulfilled.
Hi Canary42:
The witnesses to your will must be two people who've actually seen you sign it. (Their signatures become invalid if, say, you sign the will alone and then take it to them for 'witnessing'). As would normally happen anyway, it's best if they also see each other sign.
It's common practice (but not actually statute law) that the witnesses should print their names under their signatures and add their addresses . (Professions are sometime mentioned too but they're not really necessary).
You certainly don't need the services of a solicitor to find witnesses to your will. My own will was signed by me, and then witnessed by a couple of people whom I happened to be working with that day, in a Tesco car park!
So you can get your will witnessed through yout kitchen window but you'll need both witnesses present simultaneously and they must actually see you sign it yourself.
The witnesses to your will must be two people who've actually seen you sign it. (Their signatures become invalid if, say, you sign the will alone and then take it to them for 'witnessing'). As would normally happen anyway, it's best if they also see each other sign.
It's common practice (but not actually statute law) that the witnesses should print their names under their signatures and add their addresses . (Professions are sometime mentioned too but they're not really necessary).
You certainly don't need the services of a solicitor to find witnesses to your will. My own will was signed by me, and then witnessed by a couple of people whom I happened to be working with that day, in a Tesco car park!
So you can get your will witnessed through yout kitchen window but you'll need both witnesses present simultaneously and they must actually see you sign it yourself.
hanks Chris
I asked this last year
https:/
I thought it a bit odd that the testator wanted to H but not to H's children if H is dead
but there you are = everyone will know an H where H;s offspring are so different that they must be changelings
as ever it depends on the wording of the will
I asked this last year
https:/
I thought it a bit odd that the testator wanted to H but not to H's children if H is dead
but there you are = everyone will know an H where H;s offspring are so different that they must be changelings
as ever it depends on the wording of the will
oh I cant resist - there is a case 1800s
where one witness sat in a carriage but saw the testator sign
and this was held to be a valid witnessing of a will
but the two have to see you sign
if you are doing it yourself - it is difficult to get them to concentrate and not yap amongst themselves
oh and the case where the nurse hared down the hospital corridor and collared the consultant and said - but you havent signed as witness was held to be invalid
where one witness sat in a carriage but saw the testator sign
and this was held to be a valid witnessing of a will
but the two have to see you sign
if you are doing it yourself - it is difficult to get them to concentrate and not yap amongst themselves
oh and the case where the nurse hared down the hospital corridor and collared the consultant and said - but you havent signed as witness was held to be invalid
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