ChatterBank1 min ago
Hypothetical Will Query
6 Answers
If a person makes a will leaving their estate to ten people and then dies, if the estate is not sorted before one of the ten beneficeries dies does the estate of the deceased beneficary stll recieve its share or is the original will now shared between 9? in the original will the ten peoples families did not benefit if the recipent dies before the will maker dies
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Ubasses' response is too simplistic.
>>> "If the beneficiary dies after the testator then their heirs inherit"
. . . but ONLY when the intended beneficiary was the son or daughter of the testator (and ONLY when that beneficiary had surviving issue. i.e. children or grandchildren - the gift can't pass to any other relative, such as to the deceased beneficiary's wife).
If the gift was made to someone who was not a child of the testator (or if that child had no surviving issue) the gift 'fails' and forms part of the residuary estate. It will then pass to the residuary beneficiary, if there is one. (i.e.if the will states "Everything else I leave to Fred Bloggs", then it will be Fred who receives the gift).
Where the is no residuary beneficiary named in the will (or otherwise implied by its provisions), or if it is actually the residuary beneficiary who pre-deceases the testator, a 'partial intestacy' is created and the gift must be distributed in accordance with the rules on intestacy.
[Wills Act 1837]
The foregoing assumes that the will doesn't make provision for such circumstances. Any well-drafted will should always clearly state what should happen to a gift under that will if the beneficiary pre-deceases the testator. Then it will be the provisions of the will, rather than the rules I've outlined above, which will apply.
>>> "If the beneficiary dies after the testator then their heirs inherit"
. . . but ONLY when the intended beneficiary was the son or daughter of the testator (and ONLY when that beneficiary had surviving issue. i.e. children or grandchildren - the gift can't pass to any other relative, such as to the deceased beneficiary's wife).
If the gift was made to someone who was not a child of the testator (or if that child had no surviving issue) the gift 'fails' and forms part of the residuary estate. It will then pass to the residuary beneficiary, if there is one. (i.e.if the will states "Everything else I leave to Fred Bloggs", then it will be Fred who receives the gift).
Where the is no residuary beneficiary named in the will (or otherwise implied by its provisions), or if it is actually the residuary beneficiary who pre-deceases the testator, a 'partial intestacy' is created and the gift must be distributed in accordance with the rules on intestacy.
[Wills Act 1837]
The foregoing assumes that the will doesn't make provision for such circumstances. Any well-drafted will should always clearly state what should happen to a gift under that will if the beneficiary pre-deceases the testator. Then it will be the provisions of the will, rather than the rules I've outlined above, which will apply.
Buenchico, I think you have quoted what happens if the beneficiary dies before the testator. This link appears to confirm that,
https:/
https:/
Ah! Maybe I misread the question then. Sorry!
If a beneficiary dies before a gift from the testator's estate is transferred to him, that gift then forms part of the beneficiary's own estate (and is thus distributed in accordance with beneficiary's own will, or in accordance with the intestacy rules, as appropriate).
As Ubasses mentioned in the first post above though, it's not uncommon for a 'qualifying survival period' (typically of 28 or 30 days) to apply before a beneficiary becomes entitled to receive a gift under the terms of a will. If the beneficiary is alive when the testator dies, but then fails to survive them by the qualifying period, the gift is allocated as if the beneficiary had pre-deceased the testator. (i.e. as indicated by my post above).
If a beneficiary dies before a gift from the testator's estate is transferred to him, that gift then forms part of the beneficiary's own estate (and is thus distributed in accordance with beneficiary's own will, or in accordance with the intestacy rules, as appropriate).
As Ubasses mentioned in the first post above though, it's not uncommon for a 'qualifying survival period' (typically of 28 or 30 days) to apply before a beneficiary becomes entitled to receive a gift under the terms of a will. If the beneficiary is alive when the testator dies, but then fails to survive them by the qualifying period, the gift is allocated as if the beneficiary had pre-deceased the testator. (i.e. as indicated by my post above).
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