Beneficiary dies before testator ? 31 August 2020 at 12:24PM in Over 50s MoneySaving 6 replies 464 views

Yellowvest23

If a beneficiary dies before the testator and the beneficiary was one of 4 beneficiaries all left equal proportion of an  estate , does that 1/4 go to the remaining beneficiaries, or to the next of kin of the deceased beneficiary ? There is no wording in the will what should happen in this scenario. Just I leave my estate in equal proportion to A B C D.

TIA

Mojisola

If the deceased beneficiary was a direct descendent of the testator, their share would be divided between their children. 
If the deceased was childless or wasn't a direct descendant, their share would be divided between the surviving beneficiaries. 

Yellowvest23

Thank you for the clear and concise answer.

Sterlingtimes

You might need to get this checked by a solicitor. If this is a bona fide will under English law, I think that A would fall away and B, C and D would receive one third each normally without consideration for A's children unless the will states otherwise.   

Savvy_Sue

Sterlingtimes said:

You might need to get this checked by a solicitor. If this is a bona fide will under English law, I think that A would fall away and B, C and D would receive one third each normally without consideration for A's children unless the will states otherwise.   

Another vote for getting this checked, because I think the reverse, ie unless there is specific wording in the will, then A's children inherit A's share. 

Mojisola

Savvy_Sue said:  

Another vote for getting this checked, because I think the reverse, ie unless there is specific wording in the will, then A's children inherit A's share. 

Only if A is a blood-line descendant or adopted child.

xylophone

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

Lapse occurs when a gift made in a Will fails because of the death of the legatee or devisee in the testator’s (IHTM12001) lifetime. Where the legacy or devise is anything other than residue, that property will normally fall into residue.

If a gift of residue lapses, the property devolves as it would on intestacy (IHTM12101).

There are exceptions to the rule. The most common are where

• a gift in a Will to a child or remoter issue of the testator or testatrix (IHTM12001) will not lapse if the dead beneficiary leaves issue (children) who are alive at the testator’s death (in England & Wales, the Wills Act/ S33 as amended by the Administration of Justice Act 1982/ S19; in Northern Ireland, article 22 of the Wills and Administration Proceedings (NI) Order 1994). This does not apply where the gift is a life interest.
• the testator or testatrix makes substitutory provisions in the Will. For example a gift to ‘such of my children as are alive at my death’ will clearly benefit surviving children and not the issue of any predeceasing child.