Beneficiary passed while estate was being settled

[Giorgio Tsoukalos]

Jurisdiction

Ontario

I am executor of my father's estate. Most of the money has been dispersed to the beneficiaries and now that the taxes have been settled and no other debt is owed, the remainder of the estate can be given to the beneficiaries.

My brother who was a beneficiary, passed away after the initial funds were distributed. My father's will reads that if any of his children passed before he did, their children were to receive the amount. My brother had three children and two are estranged. My nephew states that my brother's will reads that he is to get all of his portion of the rest of our dad's estate. I have no reason to doubt him, but I haven't seen my brother's will.

For reference, the exact wording of Dad's will is, "one of such equal parts shall be paid or transferred to my son, XX, if he is living at the date of my death; provided that if XX predeceases me such equal part shall be divided in equal shares per stirpes among the issue of XX as shall be living at the date of my death and in the event that no such issue shall then be living, such equal part shall be divided equally among the equal parts into which I have herinbefore directed to residue of my estate to be divided and shall be administered therewith as portions thereof."

I'm believe that means my brother's portion should be sent to his estate, and not to any of his children because he was living when our father passed away. Am I interpreting that correctly? If it makes any difference, my brother was the co-executor of my father's estate and my brother's passing left me as sole executor.

Many thanks in advance.

 

[adjusterjack]

My nephew states that my brother's will reads that he is to get all of his portion of the rest of our dad's estate. I have no reason to doubt him, but I haven't seen my brother's will.

Your brother's will is irrelevant as to how your father's estate gets distributed.

, the exact wording of Dad's will is, "one of such equal parts shall be paid or transferred to my son, XX, if he is living at the date of my death; provided that if XX predeceases me such equal part shall be divided in equal shares per stirpes among the issue of XX as shall be living at the date of my death

]I'm believe that means my brother's portion should be sent to his estate, and not to any of his children because he was living when our father passed away. Am I interpreting that correctly?

Yes, I think so.

XX didn't predecease your father. He died after your father died. XX's share of your father's estate goes to XX's estate, to be distributed in accordance with XX's will.

Seeing XX's will is unnecessary.

Make the check payable to The Estate of XX.

 

[Tax Counsel]

XX didn't predecease your father. He died after your father died. XX's share of your father's estate goes to XX's estate, to be distributed in accordance with XX's will.

While that is certainly true in the U.S. (other than perhaps Louisiana and Puerto Rico) the OP indicated Ontario as the jurisdiction, and last I checked Ontario is not part of the U.S.

However, it is likely that the result is the same as most U.S. states and Canadian provinces get much of their law from English common law, including how estates work. Still, some things may be different, so a Canadian solicitor should be consulted about how it will play out.

 

[zddoodah]

Unless your reference to "Ontario" means the City of Ontario, California, you should be aware that these boards are for U.S. legal issues.

I'm believe that means my brother's portion should be sent to his estate, and not to any of his children because he was living when our father passed away. Am I interpreting that correctly?

Probably (assuming Canadian/Ontario law is similar to the general laws of U.S. states on this issue), but rather than being guided by anonymous strangers on the internet, you should seek advice from a local attorney (Canada doesn't distinguish between solicitors and barristers like the UK does).

 

[adjusterjack]

Oops. Missed the Ontario thing. Agree with the other responses.

 

[Zigner]

Unless your reference to "Ontario" means the City of Ontario, California, you should be aware that these boards are for U.S. legal issues.

Let's not forget:
Ontario, Illinois
Ontario, Indiana
Ontario, Iowa
Ontario, New York
Ontario, Ohio
Ontario, Oregon
Ontario, Pennsylvania
Ontario, Virginia
Ontario, Wisconsin

(But, you're probably right about the Canada thing )