Last Updated on October 2, 2026 by tanya

My Parent Died Before the Testator- Can I Inherit?

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings more than 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Do Grandchildren Inherit if Their Parent Dies Before Their Grandparent?

 

My parent died before the testator, can I inherit their share of the Will or does it go to someone else? This is not an unusual question and if your mum or dad was named in someone’s Will (such as your grandparent) but died before the person who made the Will, you may be wondering what happens to their inheritance.

There isn’t one answer that applies to every Will. It depends on your parent’s relationship to the person: who made the Will, what the Will says and whether Section 33 of the Wills Act 1837 applies.

In some circumstances, Section 33 allows an inheritance to pass to a deceased beneficiary’s descendants, such as their children or grandchildren. However, this rule does not apply simply because a beneficiary died leaving children. The deceased beneficiary generally needs to have been a child or other direct descendant of the person who made the Will. However, the wording of the Will can change the position.

If a dispute over a Will has arisen among family members, a contentious probate solicitor who is used to dealing with probate disputes will be able to advise on the way forward.

 

Do I Automatically Inherit My Parent’s Share of a Will?

No, if your parent dies before the person who made the Will, their inheritance does not automatically pass to you. In fact normally, if a beneficiary dies before the person who made the Will, their gift may fail. The legal term for this is called a “lapse”. If a particular gift lapses, such as a sum of money, it will usually become part of the remainder of the estate (known as the residue).

However, there are exceptions to this rule, according to GOV.UK. and one of the most important exceptions involves a gift left to the testator’s child or another direct descendant.

 

What Is Section 33 of the Wills Act?

Section 33 of the Wills Act 1837 deals with certain situations where someone leaves an inheritance to their child or another descendant, but that beneficiary dies first.

Section 33 may apply when:

 

• Someone leaves a gift in their Will to their child or another descendant.
• That beneficiary dies before the person who made the Will.
• The beneficiary who died leaves descendants of their own.
• Those descendants are alive when the person who made the Will dies.
• The Will does not say that something different should happen.

If these rules apply, the inheritance can pass down the family line rather than the gift failing.

 

Do Grandchildren Inherit if Their Parent Dies Before Their Grandparent?

A grandchild may be able to inherit if their parent dies before their grandparent.

Here’s a simple example: imagine Margaret makes a Will leaving her estate equally between her son James and daughter Rebecca.

Rebecca dies before Margaret. Rebecca has two children.

But when Margaret later dies, Rebecca is no longer alive to inherit her share of the estate. However, Section 33 may allow Rebecca’s two children to inherit the share that their mother would have received.

It’s important to note that the exact outcome will still depend on what Margaret’s Will says.

 

What if My Parent Was Not Related to the Person Who Made the Will?

The position in this scenario can be very different. This is because Section 33 does not apply every time a beneficiary dies leaving children.

Here’s a good example:  imagine Peter leaves £30,000 to his close friend David.

David dies before Peter and leaves a daughter, Sophie.

Sophie would not automatically receive the £30,000 under Section 33 simply because she is David’s daughter. That’s because David was Peter’s friend, rather than Peter’s child or another descendant. Section 33 focuses on gifts left to a child or other descendant of the person making the Will.

In this situation, the wording of Peter’s Will would need to be checked to see what should happen to the £30,000. In such an instance, Peter may have even named someone else to receive the money if David died before him.

 

What if My Parent Was a Residuary Beneficiary?

A residuary beneficiary is someone who inherits some or all of what remains in an estate after debts, taxes, expenses and other gifts have been dealt with. This typically includes balance of cash  left in bank accounts, personal possessions, property or other belongings which were not mentioned as specific gifts or legacies in the Will.

If your parent was a residuary beneficiary and died before the person who made the Will, you cannot simply assume that their share will pass to you or to the other residuary beneficiaries.

HMRC explains that if a gift of residue lapses, that property can pass as it would under the intestacy rules. However, Section 33 may prevent a gift from lapsing where the deceased beneficiary was a child or other descendant of the person who made the Will and the other requirements are met.

This is why the wording of the Will and family relationships are so important.

 

Does My Parent’s Own Will Decide Who Receives the Inheritance?

Not necessarily and this is an important distinction because it is easy to assume that everything your parent expected to inherit automatically becomes part of their own estate when they die.

If your parent died before the person who made the Will, they had not yet inherited the gift.

For example, your grandmother leaves half of her estate to your mother. Your mother dies first and leaves everything in her own Will to you.

You cannot simply assume that your grandmother’s inheritance will now pass to you under your mother’s Will.

Instead, you need to look at your grandmother’s Will and consider whether Section 33 or another provision determines who receives your mother’s share.

The position is different if your mother survives your grandmother but then dies before receiving the inheritance.

These kinds of situations can be legally complex which is why it’s advisable to speak to a contentious probate solicitor as soon as possible to assess whether you may be inheriting or not.

 

Can the Will Stop Me From Inheriting My Parent’s Share?

This could possibly happen. Section 33 applies unless the Will shows that the person who made it wanted something different to happen. There may be different outcomes depending on the wording of the Will.

For example, a Will could:

 

• Name another beneficiary if the first beneficiary dies.
• Say that a beneficiary must be alive when the testator dies.
• Require a beneficiary to survive the testator for a certain period.
• Say what should happen to a deceased beneficiary’s share.
• Include wording that changes how Section 33 applies.

 

What if the Executor Says I Cannot Have My Parent’s Share?

This is where probate disputes can be triggered. It’s important to establish what the Will actually says before the estate is distributed. You may have expected to inherit the share left to your mum or dad, only to be told by an executor or another beneficiary that you are not entitled to it.

The disagreement may be about different aspects, such as:

 

• Whether Section 33 applies.
• What a particular clause in the Will means.
• Whether your parent’s gift has lapsed.
• The effect of a survivorship clause.
• Who should receive the remaining estate.
• Whether some of the estate should pass under the intestacy rules.

 

Can I Challenge How the Estate Is Being Distributed?

There can be grounds for a dispute if beneficiaries and executors disagree about who should inherit.

This does not necessarily mean that someone needs to challenge the validity of the entire Will. The disagreement might instead be about how the Will should be interpreted if the wording is unclear and who is legally entitled to a particular share of the estate.

For example, a dispute could arise if you believe Section 33 means that you should receive your deceased parent’s inheritance but an executor believes that the gift has lapsed.

A contentious probate solicitor can review the Will and the family circumstances to help establish who should inherit.

 

Why Speak to a Contentious Probate Solicitor?

Inheritance disputes can quickly become complicated, particularly when different generations of the same family or a blended family are involved.

A specialist contentious probate solicitor can look at:

 

• Who the original beneficiary was.
• Their relationship to the person who made the Will.
• Who died first.
• What the Will says.
• Whether Section 33 applies.
• Whether the Will names another beneficiary.
• Whether a survivorship clause affects the inheritance.
• How the executor proposes to distribute the estate.

Getting advice may be particularly important if an executor is preparing to distribute an estate and you believe you are entitled to your deceased parent’s share.

We are a claims management company and partner with a panel of contentious probate solicitors who are experienced in inheritance and Will disputes. They offer a free initial consultation to discuss your circumstances.

 

FAQs: Inheriting a Deceased Parent’s Share of a Will

Can I inherit my parent’s share of a Will if they died first?

Possibly, if your parent was a child or other descendant of the person who made the Will, Section 33 may allow their share to pass to their descendants. The specific wording of the Will can affect what happens.

Do grandchildren inherit if their parent dies before their grandparent?

They may do because Section 33 can allow grandchildren to receive the share their parent would have inherited, provided the legal requirements are met and the Will does not say that something different should happen.

Does Section 33 apply if my parent was a friend of the person who died?

No, in this situation you’re the child of a friend and not a direct descendant. Section 33 applies to certain gifts made to a child or other descendant of the person who made the Will.

What happens if my parent was a residuary beneficiary?

The answer will depend on the Will and your parent’s relationship to the person who made it. Section 33 may apply where the deceased residuary beneficiary was the testator’s child or another descendant and the required conditions are met.

What should I do if an executor says my parent’s inheritance has lapsed?

If you believe you may be entitled to your parent’s share, consider getting specialist legal advice before the estate is distributed. A solicitor can review the Will and advise whether Section 33 or another provision affects the inheritance.

 

What To Do Next

If your parent died before someone who named them in a Will, who receives the inheritance will depend on the wording of the Will, your parent’s relationship to the person who made it and whether Section 33 of the Wills Act 1837 applies.

If there’s family conflict over the will about who should inherit your parent’s share, specialist legal advice can help clarify your position.

We partner with experienced contentious probate solicitors who offer a free, no-obligation consultation. A range of funding options may also be available for suitable cases.

Call our team at 0333 358 2345 or contact us online for your free consultation.

Disclaimer

This guide provides general information on contentious probate in England and Wales. It is not legal advice. For personalised guidance, please speak to a qualified solicitor.