If a Will states that 99% goes to the deceased’s child and 1% to their brother but the child is deceased, what does the brother get?

Does he get all or does he get 1% and the 99% go back to my estate?

Asked on July 21, 2014 under Estate Planning, New Hampshire


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  Generally the Will states what happens if the person who is to inherit pre deceases the person who wrote the Will.  If it says "per stirpes" then what would happen is that those children or grandchildren who would inherit from the child that pre deceased the Will maker would inherit their share.  So the Brother's kids inherit his share.  It does not go back to the estate.  I hope that this helps. 

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