Beneficiary dies before testator ?
in Over 50s MoneySaving
6 replies 464 views
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.
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If the deceased was childless or wasn't a direct descendant, their share would be divided between the surviving beneficiaries.
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