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inafix | 17:56 Sun 07th Jul 2024 | Family & Relationships
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My sister is included in our elderly mothers will, unfortunately my sister is seriously I'll and will die soon so what will happen to her share when our mother dies

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It will be shared among her children.

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Thankyou, no problem with that at all but  its strange as they are not named in the will.

Unless your mother did not want anything to go to your nieces/nephews there would not have been any need to put them in the Will as it goes to them automatically.

Not so strange unless your mother wants something to go directly to her grandchild(ren) rather than via their parent. Keep it simple.

Question Author

Thankyou for your answers 

I would have thought it would depend on the wording of the will.

what Hopkirk says. There may be for instance a clause in the will saying "If my daughter predeceases me..."

Question Author

The will says to be left to my four children!

Can you clarify?

Does your mother's Will state something along the lines of 'if any my children pre-decease me their bequest will be shared amongst my surviving children'?

Question Author

No Barry.

Her estate will be divided into 4.

The surviving 3 children will receive their quarter with the remaining quarter divided equally between your nephews and nieces unless there has been something written into the will which specifically excludes them.

It's the way English Law works.

Question Author

Ok, got that , she has 3 children and her deceased husband has 2 children are they all included?

Not unless she names them  in her Will.  The way you say it is written it will be divided between her children, and if any of them are deceased it then passes to their children and so on.  Step children are not in the direct line of descendants so will not get anything unless named in the Will.

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Thanks everyone for your input much appreciated 

goes to her the sister's children unless the will specifies otherwise

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