Share Of Property In Will

[foxyferret]

My father died in 2014, he was a tenant in common with my mother. He left his share of the house to my two sisters and myself. Unfortunately, my eldest sister died recently. Does her interest in the property pass to her children automatically? Second question. Mother is still living and made her will with the same provision that on her death, her share of the property should pass to her 3 daughters. Now there are only 2 daughters, does she have to change her will or add a codicil stating what happens to that share and if she does nothing, does it go automatically to my sisters children?

[murraymints]

usually it says and survivor..meaning if 3 sisters and one dies then 2 sisters share equally..unless the will stipulates their heirs

[Peter Pedant]

I thought I have done this
but the computer reset before send

It depends on the wording of the wills - you can do it either way

In your late Dad's case - your sister was alive so would have inherited as a beneficiary herself and then the share would be divided according to her own will

and in your Mums case who is still living
get the will out and have a read
the wording itself should tell you how it has been left
and if she dont like it then she can redo the will

[Buenchico]

First part: If your deceased sister left a will then the provisions of that will must take effect. If she didn't then the laws on intestacy apply:
https://www.kingstonsmith.co.uk/wp-content/uploads/2016/06/Intestacy-Rules-flowchart-if-you-live-in-england-1.pdf
(So, unless your sister had a surviving spouse, her estate is shared between her children)

Second part: Where a will leaves something to a child of the testator, but that child pre-deceases the testator, then whatever would have passed to that child passes to the grandchildren who were parented by that child.

So your mother needs to nothing to alter her will.

[foxyferret]

Thank you all, yes she does have a surviving spouse. We will look at the wording on the will and see the details.