• Athlone (090) 647 8433
  • Galway (091) 511 421
  • Lanesborough (043) 332 1200
  • Moate (090) 648 2090

Grandchildren Inheritance

Grandchildren Inheritance

I read your recent legal article regarding wills. I have some concerns regarding my own will and I would like your advice. I am a widower and made a will a few years ago leaving my entire estate to my five children equally. Each of my children has children and if any of my children were to predecease me I would like for my grandchildren to inherit their share. If any child of mine dies before me does that child’s share of my will pass to their children? If not who inherits their share?

Normally when a beneficiary (person receiving the inheritance) pre-deceases a Testator (person who makes a will) the gift will lapse and fail. However, an exception to this rule is contained within Section 98 of the Succession Act 1965.  Section 98 provides that where a child pre-deceases a testator leaving children and such children are living at the time of the death of the testator the bequest shall not lapse.

Therefore, in your situation if your child pre-deceases you leaving grandchildren, the benefit that would have been received by your child is preserved and will pass to your deceased’s child’s estate.

It is important to note that the bequest will go to your deceased’s child’s estate and not necessarily to your grandchildren.  The bequest will be divided in accordance with the terms set out in your deceased child’s will. Example: Your child dies before you leaving two children. She has made a will leaving her entire estate to her boyfriend. Your bequest to her will not lapse by virtue of the fact she left children but this bequest will go to her boyfriend under the terms of her will.

If you wish for your grandchildren to inherit rather than for the bequest to pass to your child’s estate then it would be important to update your will providing that such a bequest would pass to your grandchildren.

 

Spread the love
Share on facebook
Facebook
Share on google
Google+
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest

ATHLONE
Oak House,
39-41 Mardyke Street,
Athlone,
Co. Westmeath
Tel: (090) 647 8433
Fax: (090) 647 8455
Email: info@bccsolicitors.ie

MOATE
Main Street,
Moate,
Co. Westmeath
Tel: (090) 648 2090
Fax: (090) 648 2091
Email: info@bccsolicitors.ie

GALWAY
9 Gray Office Park,
Galway Retail Park,
Headford Road,
Galway City
Tel: (091) 511 421
Email: info@bccsolicitors.ie

LANESBOROUGH
Main Street,
Lanesborough,
Co. Longford
Tel: (043) 332 1200
Fax: (090) 647 8455
Email: info@bccsolicitors.ie

DUBLIN
24–26
Upper Ormond Quay,
Dublin 7
Email: info@bccsolicitors.ie

Contact Us

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.