Inheriting from a Will
Submitted by electra on Mon, 10/05/2010 - 15:32
I have been named in my cousins Will as Executor and sole inheritor. My cousin has no brothers or sisters, never been married, has no children and both her parents are deceased. I have 3 brothers and sisters who have no contact with our cousin and as far as I know we are her only living relatives. My question is - Who would inherit if I were to pre-decease my cousin and she did not change her Will (we are both age 64). I have a husband and 2 adult children - not sure if these facts have any bearing on the situation. Any advice would be greatly appreciated.
Hi Electra,If there is no
Hi Electra,
If there is no substitution clause, a clause which stipulates what should happen to your share in the event of your death, then the your cousin's estate will pass under the intestacy rules in force at the time of her death.
The intestacy rules are complex but here your cousin's estate would pass as follows:
1. To any aunts or uncles who are alive, if none
2. The issue (children) of any aunts and uncles
In reality this means that if your cousin has any aunts or uncles who are alive her estate will pass to them. As you have said that you and your brothers and sisters are her only living relatives I presume that your cousin does not have any aunts or uncles who are alive. This means that your cousin's estate would pass to your brothers and sisters in equal shares in the event of your death.
If this is not what your cousin wants to happen then she should ensure that her Will has a substitution clause. Most solicitor drafted Wills have substitution clauses.
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Inheriting from a Will
Thank you for your advice. It has been most helpful.
polly