Question:
Dear Elaine
I have two adult children who in turn have children of their own. Can I enquire as to what would happen if one of my children were to pre-decease me. Would my grandchildren be entitled to their parents share of my estate?
S.
Answer:
There are two scenario’s here. Firstly if you were to die without a Will, you would die intestate and under the rules of intestacy, the share of the pre-deceased child would fall down to the pre-deceased’s’ surviving children (ie your grandchildren). If however you die with a Will in place, the Will needs to explicitly state that you want the share of any pre-deceased child to go the children of such pre-deceased child upon your death. If this is not clearly stated in the Will, the estate would fall to the surviving child and your grandchildren would not inherit.
You should review your Will to ensure that your intentions are clearly set out.