When a Will stipulates clearly that an estate is to be divided among the children who survive the testator (the person who makes the Will) and does not specifically give rights to the children of a child who predeceases the testator, the grandchildren will not inherit under the will.

This simple point was confirmed recently by a decision of the court in a case brought to clarify the legal entitlement of children whose mother had predeceased her own mother. Their grandmother’s Will left her estate to her three daughters ‘upon trust for such of them, my daughters R, J and S, as shall survive me and if more than one, in equal shares’. It did not contain a clause allowing the children of a deceased beneficiary to take their mother’s entitlement in the event of her death and, accordingly, the grandchildren inherited nothing from their grandmother’s estate.