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English Probate Law

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oldmancap | 14:27 Sun 09th Mar 2008 | Civil
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Can anyone answer this please.
Mary makes out a "Will" leaving all her estate to her neice Matgaret. Margaret then dies before Mary (who dies sometime later) Can Margaret's children inheret the
eastate that was to be left to their mother? The "Will" was never changed in any way between the two deaths.
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No - they do not inherit unless the will specifically allowed for this event.

Only grandchildren of the deceased can inherit automatically in this way, not great nephews/nieces.
Does Mary have any other family ?
Question Author
Donnakababuk
Mary has no children of her own but she has a stepson (aged about 55) Auther was Mary,s husband who died some years before Mary, and the stepson was Auther's child from his first marrage. Thanks for your help Donna.
Question Author
Dzug,
Thank you for your excelent answer. much apreciated.
I am amazed that people, like yourself and all the others who answer my questions, take the time to be so generous with your knowledge and experties and are so helpful to an old gezzer like me. These questions im asking are about a real "WILL" and i'm trying to find out if I can challange it. Thanks again for your help Dzug
Regards, oldmancap
Nope dzug is right. Unless there is a long stop provision (ie what happens if Marg dies first), it will be a partial intestacy, which means that Margarets children may inherit some or all under the intestacy rules if she was a blood relative. It depends what other relatives of the whole blood and half blood Mary had - I think that's why Donna asked her question. So did Mary have any other brothers and sisters and what happened to them?

If you stick the full facts on here, there are enough peeps who will attempt to work it out and point you in the right direction!!

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