Probate question...

[Beerpig]

Can you assist me with this please?
A legal question has come up in the plot of my new novel and I am having a disagreement with a colleague about probate.

Here it is.
A leaves £100 to B.
B dies a week before A.
A then dies.
Does A's gift to B fail or does it go to B's estate?
A's will is silent on the matter.

[staffordian]

IANAL, but believe if the potential beneficiary dies prior to the death of the testator, the bequest fails unless otherwise specified, such as specifying that it goes to his children.

The other slightly ambiguous case is if the recipient dies after the testator but before probate or distribution. In that case, I'm certain it is part of the estate of the beneficiary.

[88V8]

Falls back into A's estate.
B is not a legal entity such as a charity, and so has no afterlife.
I think.

But perhaps better on the legal board, even though it is fictitious.

My current will has a few specific legacies to persons who are no longer with us. Or at least, their atoms are no longer conglomerated.
Or is that agglomerated....

V8

[JohnB]

Gift fails, money remains in A's estate. https://www.tanfieldchambers.co.uk/2015 ... neficiary/

[swill453]

I'd say it fails, and whoever drew up A's will was an idiot. Or meant it that way...

Scott.

[Lootman]

I'd say it fails, and whoever drew up A's will was an idiot. Or meant it that way...

From the point of view of writing a credible novel, the assumption would have to be that omitting standard pre-deceasement clauses would be a deliberate attempt to disinherit the next of kin of the beneficiary.

Obvious example might be where you love your kid but hate his or her spouse.

[PinkDalek]

I’ve never seen pre decease clauses for pecuniary legacies, which normally would fall into residue. Certainly unlikely for £100.

[88V8]

....unlikely for £100.

Ahh, but when was the setting of this novel?

V8

[PinkDalek]

....unlikely for £100.

Ahh, but when was the setting of this novel?

V8

No mention of guineas!

[UncleEbenezer]

No mention of guineas!

Of course not.

But if set in, say, biblical times, the hundred lire would make a substantial legacy.

[scrumpyjack]

....unlikely for £100.

Ahh, but when was the setting of this novel?

V8

Quite. A friend of my parents bought 2 houses in Notting Hill just after the war for £200 each! Several million each now!

[UncleEbenezer]

Quite. A friend of my parents bought 2 houses in Notting Hill just after the war for £200 each! Several million each now!

Q: What's the difference between an Oligarch and an Aristocrat?
A: A couple of generations.

Your friend's family may be somewhere on the cusp.

[scrumpyjack]

Quite. A friend of my parents bought 2 houses in Notting Hill just after the war for £200 each! Several million each now!

Q: What's the difference between an Oligarch and an Aristocrat?
A: A couple of generations.

Your friend's family may be somewhere on the cusp.

She was a teacher, long since dead

[Leothebear]

Hang on - I thought you were the lawyer....