My client lost his wife three decades ago and would like to leave everything to his children equally in his will (he has a son who has no children of his own and a daughter who has her own children). He would like to exclude section 33 so that if his son dies before him, his daughter inherits his entire estate but if his daughter dies before him then his son will inherit his entire estate. He does not want any substitution clause in his will.
My interpretation of the intestacy rules and exclusion of section 33 are that on the event that both of his children predecease him, the residuary gift in his will fails and will be split as follows:
What would have been his daughter’s share of the estate (50%) passes to her children but what would have been his son’s share (50%) passes back up to the deceased’s brother (my client has no surviving parents).
My colleagues have been having quite a debate about whether section 33 applies in these circumstances and wonder whether anyone has any experience in dealing with this?
masefield solicitors LLP