Beneficiary dies before testator

unforeseen

getmore4less wrote: »

Section 33 rules apply.

http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33

So would I be correct in the way that I read it that the bequest would be limited to grandchildren and no further down the chain?

Mojisola

unforeseen wrote: »

So would I be correct in the way that I read it that the bequest would be limited to grandchildren and no further down the chain?

No, it carries on down the line until there is a living, direct blood line relative.

getmore4less

unforeseen wrote: »

So would I be correct in the way that I read it that the bequest would be limited to grandchildren and no further down the chain?

Read up the definition of issue.

getmore4less

A discussion on a fairly resent S33 case

https://www.lawskills.co.uk/articles/2017/09/section-33-wills-act-1837-effect-standard-wording-clarified-last/

https://www.anthonygold.co.uk/latest/blog/death-of-a-legatee-before-testator-do-their-children-take-the-inheritance/

Mojisola

getmore4less wrote: »

Default, subject to specific wording to the contrary in the will, is per stirpes.

Our wills have a clause that confirms that Section 33 Wills Act 1837 applies.