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Executing a Will

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steveho | 20:40 Thu 24th Aug 2006 | Law
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I am the executor of a will and one of the beneficiaries has died before I have distributed the legacies. What happens to the legacy? Does anyone know? I would appreciate a bit of help here please!
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In most circumstances (possibly always) it gets distributed in accordance with the will of the beneficiary who died. If he/she did not make a will then it gets dealt with under the intestacy rules as applied to the dead beneficiary. You could probably best deal with it by finding out who is the executor of that estate and passing the legacy to him/her for distribution. But make sure you get a signature from the person confirming that they are receiving the money for distribution as part of the estate and that the signature is your full discharge from any liabilities in relation to it.

However, it would be advisable to consult a solicitor to make certain everything you do is in order.
If the beneficiary died second, then it goes into his estate, as Themas says.

If he died first, then it's a bit more complicated. From the way your question is worded, it doesn't sound as though this is the case, but post again if it is.

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