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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
exceptions:
•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
left directions.
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.

DISCLAIMER: Please note that this article is a publication of Sunesis Legal, and is only intended to provide readers with general information on the subject matter. It should not be construed as legal advice, and does not by itself create a client/attorney relationship between readers and our Law Firm. We are available to provide specialist legal advice on the readers’ specific circumstances when they arise. To book a consultation with us send an email to info@sunesislegal.com