Deceased Beneficiary

This is a discussion on Deceased Beneficiary within the Wills, Trusts, Estates forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am the executor of my Mother's estate in Canada. Her will states that her estate be divided between her ...

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Old Mar 4th, 2008, 12:29 PM   #1
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Default Deceased Beneficiary

I am the executor of my Mother's estate in Canada. Her will states that her estate be divided between her eight children and lists the children's names.
Unfortunately my Eldest brother pre-deceased my Mother 2 years ago and his estate has been finalized. Since my mother never updated her will to remove his name, am I obligated by law to issue his portion to his widow or his portion now exempt because his estate is settle?
Confused as what to do as I feel that his family should be entitled to something however the other siblings do not agree.
Thanks for any feedback.
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Old Mar 9th, 2008, 12:13 PM   #2
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Default Re: Deceased Beneficiary

Wills can provide for that both ways and province law also can govern. You need to have a lawyer examine that and see which method applies to the will as written.
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