THE POSITION OF THE LAW REGARDING THE DEATH OF A BENEFICIARY IN A WILL. CAN THE INTEREST OF A DEAD BENEFICIARY BE TRANSFERRED?
If the beneficiary dies before the testator: If the Beneficiary of a Will dies
before the person who has left them something in their Will, their benefit
from the estate will normally ‘lapse’, this means they can no longer benefit,
and any gift intended for them will go back into the Estate and be distributed
among the remaining residual Beneficiaries. However, there are a few
•If the predeceased Beneficiary was a direct descendant of the person whose
Will they were a Beneficiary of – the testator. Instead of lapsing, any benefit
will be passed on to surviving children of the Beneficiary.
•If the testator made provision in their Will for this very circumstance and
If a Beneficiary die after the Testator but before they receive an
Inheritance: The share of the estate will be treated as part of the
Beneficiary’s estate and distributed according to the wishes in their own
Will. If no Will was left by the Beneficiary, the rules of intestacy will apply
to their estate.
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