Two Quick Questions about Hypothetical Will.

Wheelnut

Supposing person A is named as a joint beneficiary of a will but dies before the testator, and that testator does not subsequently change the will, what happens to person A's share? Does it go to his successors or does it go back into the pot for redistribution among the other joint beneficiaries?

And a slightly more complicated scenario: Person A is named as a joint beneficiary and outlives the testator, but the executor does not administer the will for several years. In the meantime person A dies before the will is administered, what happens to A's share in this instance?

GerardKeating

Wheelnut wrote: »

Supposing person A is named as a joint beneficiary of a will but dies before the testator, and that testator does not subsequently change the will, what happens to person A's share? Does it go to his successors or does it go back into the pot for redistribution among the other joint beneficiaries?

And a slightly more complicated scenario: Person A is named as a joint beneficiary and outlives the testator, but the executor does not administer the will for several years. In the meantime person A dies before the will is administered, what happens to A's share in this instance?

Depends on how the will is phrased, the will could leave the share for person A to the heirs of person A, or specify that Person A is alive when testator dies.

Wheelnut

GerardKeating wrote: »

Depends on how the will is phrased...

Just take it that it's a simple will that just names the beneficiaries.

I have no background case in mind here, it's just a hypothetical question so I would leave out any special conditions about successors, persons being alive etc. This arises out of a discussion where someone else had a different opinion from me.

Peregrinus

In general if there is an express bequest to A absolutely and A has predeceased the testator, then the bequest to A goes to those entitled to A's estate.

Sydney2007

Peregrinus wrote: »

In general if there is an express bequest to A absolutely and A has predeceased the testator, then the bequest to A goes to those entitled to A's estate.

Not entirely correct. If A pre-deceases the Testator, their bequest falls back into the residue to be distributed among the other residuary legatees, unless A is a child of the Testator in which case, A's legacy goes to A's children, if any.

Sydney2007

"And a slightly more complicated scenario: Person A is named as a joint beneficiary and outlives the testator, but the executor does not administer the will for several years. In the meantime person A dies before the will is administered, what happens to A's share in this instance?"

In this instance, A's benefit forms part of A's estate, and passes under his/her will (possibly as residue unless A recently made a will and included this benefit as a bequest to someone). If A made no will, this benefit is still part of A's estate, and passes as part of A's intestacy.