When I wrote my will, I planned to give a substantial amount of money to a friend. She has since pre-deceased me. She was single with no children. Will her brothers stand to inherit the funds? Do I have to amend the will or will a letter of intent suffice?
8 Answers
Helpful Newest
First Oldest
First
The easiest way to ensure gifts are distributed how you want is to make a will that names primary beneficiaries and that names alternative beneficiaries in case a beneficiary dies before you. Eg, you leave $100 to Mary but if Mary dies before you, you leave that $100 to Fred.
I would think that if a beneficary dies before the person who wrote the will, it will be up to the court to determine next of kin. So then your will gets held up in Probate. I would just remove her from ur will. It was nice to think of her though.😊
ADVERTISEMENT
Bottom line - a simple phone call to your lawyer can answer your questions and tell you the best way to proceed.
Depending on your financial situation and your feelings about your residuary legatees, you might like to make a bequest to charity in memory of your friend. Don’t do it yourself! The ‘home-made will’ is a traditional lawyer’s toast, because of the litigation it leads to! And a ‘letter of intent’ will have no effect at all. Codicils are rarely used today because it is simpler to make a new will (an easy change on the old word processor file), and codicils require all the formalities of a new will. To change your will, go to a lawyer. If you want to remember your friend, and don’t want to change your will, you could make it a gift now while you can ‘supervise’ how it is used. Best wishes, Margaret LLB FCCA
(PS I've now completed my profile)