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Yet another probate question

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Complicated world at the moment, never thought I'd be asking this sort of question.

 

Everything to do with return of estate information is calculated at date of death but I've got a situation where a beneficiary of my aunt's will is going to die before the estate can be settled. 

 

The will clearly states what is to happen to that share if the beneficiary predeceases my aunt but he didn't so does the bequest go through his estate?  Makes absolutely no difference to where it ends up, I just need to know for the paper exercise.

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Its American but the principle should be the same under UK Law.

 

A deceased beneficiary's share of an estate will typically become part of his or her own estate if the beneficiary survives the decedent but then dies while the estate is still being probated. But this can depend on whether the beneficiary is to receive a specific inheritance and is cited by name to receive it in the will.

 

 https://www.thebalance.com/beneficiary-dies-during-probate-3974776

 

UK......

 

What Happens if a Beneficiary Dies After the Testator? 

In some instances a gift can be subject to conditions. If the beneficiary does not meet the requirement(s), the beneficiary’s estate will not be entitled to the benefit. 

An example of when this can happen is if a testator has left a gift to a child/grandchild for them to receive when they reach a certain age and they die before the age is reached. If the conditions are not met the benefit cannot be claimed by the beneficiary’s estate. 


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Thanks for that.  It is roughly how I thought though there must be situations where executors for estate B wouldn’t know there was money coming from estate A so would quite innocently not include it on the return. It’s only because I’m executor for both that I know.  

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A more detailed discussion of the law in England here. 

 

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-march-2019/what-happens-in-probate-if-a-beneficiary-has-died/

 

It essentially confirms the conclusion you had drawn. It becomes part of the Estate of the beneficiary who has died.

 

It would be possible, if there were different Executors, that the second Executor did not know about the money coming from the first Estate and applied for Probate without including it. From memory though I believe there are specific HMRC rules about significant changes in Estate value after Probate has been obtained. If it would affect the amount of IHT payable the revised Estate value must be notified to HMRC. 

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Thank you. 

 

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