When beneficiaries die before testator

[JustAThought]

England. New query.
My question is please... Where should the deceased Beneficiaries share go? Who gets what and how is it determined

The Will has at least 4 persons named on it who have died before the Testator. Two Beneficiaries are blood siblings. None of the others are children of the Testators. The others are just friends of the testator.

Nothing in the Will says where any Beneficiaries share goes if they die before the Testator.

After the stated shares, there is this line to say "I GIVE, DEVISE AND BEQUEATH all my residuary and remainder of my estate whatsoever and wheresoever situated, to ..."

Can anyone help please?

[PallasAthena]

I've copied the paragraphs below from the Co-op Legal website as it gives a clear statement of the law about this in England.

In your circumstances it seems that none of the deceased beneficiaries are the children or grandchildren of the testator and the Will makes no specific provision for what happens in the situation of a beneficiary dying before the testator. In which case I believe that everything that was left to the deceased beneficiaries reverts back to the residual estate and distributed to the residual beneficiaries.




Beneficiary Dies before Deceased

Generally if a beneficiary dies before the deceased, the beneficiary's gift will lapse (fail) and they will not inherit anything from the deceased's estate. Whatever they were due to receive will fall back into the deceased's residuary estate to be redistributed. However the deceased may make provision in their will for the gift to be redirected in those circumstances stating that if the original beneficiary dies before them then alternative beneficiaries will receive the gift instead.

This can also happen under general law in the following circumstances:

• Where a will contains a gift to a child, adopted child or grandchild of the deceased, and
• The child dies before the deceased, leaving children of their own; and
• These children of the intended beneficiary are living at the time of the deceased's death

Then, unless the will expresses a contrary intention, the gift will take effect as a gift to the children of the initial beneficiary.

In effect, this means that if a parent leaves their child a gift in a Will and that child dies before the parent, leaving children of their own, then those children (the parent's grandchildren) will receive their parent's share.

[atticus]

This can also happen under general law in the following circumstances:[/I]

• Where a will contains a gift to a child, adopted child or grandchild of the deceased, and
• The child dies before the deceased, leaving children of their own; and
• These children of the intended beneficiary are living at the time of the deceased's death

Then, unless the will expresses a contrary intention, the gift will take effect as a gift to the children of the initial beneficiary.

In effect, this means that if a parent leaves their child a gift in a Will and that child dies before the parent, leaving children of their own, then those children (the parent's grandchildren) will receive their parent's share.

The above is the effect of s33 Wills Act 1837.