Wills question

[Lindsay]

Does anyone know the answer.....?

Mr A made a Will leaving everything to his wife, who was also his executrix. When he died 20 years later his wife had predeceased him so his brother was sworn to administer the estate as next of kin.

Does that mean that his brother inherited everything? As he was next of kin, does that mean Mr A had no surviving children?

Thanks!

[kiterunner]

The fact that he administered the estate doesn't necessarily mean that he inherited everything but yes, if he was next of kin there were no surviving children.

[Lindsay]

Ah, right, so would the estate be divided among the immediate family like other brothers and sisters if there were any?

[kiterunner]

Yes - see the "Other close relatives" section on here:

http://www.adviceguide.org.uk/englan..._intestacy.htm

[Olde Crone]

Erm, surely his wife still inherited everything, even though she was dead?

OC

[Lindsay]

As far as I could make out, if you die before the person making the Will your share goes back into the pot, as it were, unless the testator said otherwise in the Will.

But what do I know lol!

[Lindsay]

Yep, I think that's what this means (first paragraph)

http://www.stepjournal.org/journal_a..._of_lapse.aspx

[Olde Crone]

Yes, I suppose it depends what the Will actually said.

(I wonder why he didn't make another Will when his wife died?).

OC

[Lindsay]

Good question - I can't find her death, but this is 1700s London and so many on my tree seem to disappear into the ether rather than being tidily buried.

Perhaps with no children he wasn't bothered what happened?

[Uncle John]

If it's 1700s London, the rules on intestacy might be completeley different. Though "all back in the pot" is the most likely first stage. A dead person can't inherit!