Person named in will has passed

[johnbuck05]

A person named in a will has passed. Does his next of kin receive his portion or is it distributed to the other members named in the will.

[gutfish]

i'd guess that with it being left to him, his spouse or next of kin should recieve it.

i'd think your solicitor should know the normal actions in such circumstances.

[Kathyan]

Anything left to someone who has died goes into his estate.

[dzug]

It does NOT go to his next of kin save in exceptional circumstances.

If the deceased beneficiary was the son of the person making the will, and has children or grandchildren still alive, then those children / grandchildren get the bequest. Otherwise it goes into the residuary estate of the deceased.

Exception:

If the person named in the will dies after the maker of the will but before the estate has been distributed - then it becomes part of the estate of the person named in the will and is distributed as his own will specifies.

It's also possible that the original will specified what was to happen in these circumstances - if it did then it overrides the above.

[erimus1]

Law of trust. If the passing is absolute (which they usually are), it would go to the then next of kin. If not, it would be returned to the estate of the original deceased.

Sometimes, a will provides that the property returns after the death of the individual it is beinf passed to. Bit like leaving a lease. e.g. Gent dies and leaves a hotel to someoen (but not in absolute). That person is allowed to have any of the icome from the hotel, but the hotel will revert back to the original estate on the death of him/her.
Hope this helps.
Regards,
Steve

[themas]

Erimus - Can't follow your first para. If by "passing is absolute" you mean the bequest is an outright one then I don't think you are right to say it would go to the next of kin unless - as Dzug says - the original beneficiary was a son etc. of the deceased. Unless the special rules related to this come into play the share of the estate which the dead beneficiary would have received is returned - as you said - to the deceased's estate and shared out among the other beneficiaries.