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Subject:
" deceased becomes beneficiary in a deceased will"
Category: Miscellaneous Asked by: mitzi1199-ga List Price: $100.00 |
Posted:
29 Aug 2006 21:14 PDT
Expires: 28 Sep 2006 21:14 PDT Question ID: 760690 |
my late husband received a letter from solicitors who are executors to his deceased aunts estate in Cornwall UK, advising that the estate is now in probate and that he is a beneficiary to the will.What does happen in these cases? Are my daughter and self entitled? We were married over 36 years and moved to Australia in 1971.He died in December 2000.There are a few more entitled beneficiaries I believe. |
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There is no answer at this time. |
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Subject:
Re: " deceased becomes beneficiary in a deceased will"
From: probonopublico-ga on 29 Aug 2006 22:44 PDT |
This will depend on how the Will has been written. It may specify that only those beneficiaries who are living will be so entitled; or not. You should ask to see a copy of the Will. |
Subject:
Re: " deceased becomes beneficiary in a deceased will"
From: murunbuchstansinger-ga on 30 Aug 2006 16:33 PDT |
It is a little more complex than this, depending on both how the will was written and the status of the other beneficiaries. If anything it would be most likely that you may be entitled, but not your daughter. Generally, a will will state one of 2 things: 1) That x will benefit and, if they are deceased at the date of death of the person who made the will, then their share reverts to the other beneficiaries. In this case, neither you nor your daughter would be entitled to anything and this would be divided between the others named in the will. 2) That x will benefit and, if they are deceased then their share will pass to their own estate. (there are several variations on this "theme") In this case, the beneficiary of your late husband's estate would be entitled to the proceeds. In 90% of circumstances this means you. As probono states, you need to see the original will and seek your own legal advice. A will is a public document (in the UK - not sure about other countries) and so you can readily obtain a copy for your own perusal. In most cases, though, a quick phone call to the executors should be sufficient to answer your question. |
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