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When a beneficiary predeceases the testator, what happens?

  • 12-12-2014 1:21pm
    #1
    Spanish Eyes
    Registered Users, Registered Users 2 Posts: 16,059 ✭✭✭✭


    I hope someone out there might confirm this for me. I have done a bit of reading up on the Succession Act, but just wanted to be sure.

    It is a family situation. The mother is alive (widowed) and has a will leaving everything equally amongst her children. There are clauses stating that if any of the children predecease her, that share is to pass to his/her children (which I think would happen anyway under the SA) but it copperfastens the situation I suppose.

    Sadly one of the children has died. He was married but had no children.

    Am I correct in thinking that his share will pass to the surviving siblings on the death of his mother?

    Thank you.


Comments

  • #2
    stringy
    Registered Users, Registered Users 2 Posts: 652 ✭✭✭stringy


    As his gift "lapses" his share will form part of the residuary of the estate, which if the will if drafted correctly, will have a clause saying what is to happen to the residuary estate and if more complete, any predeceased residuary beneficiaries.


  • #3
    Sala
    Registered Users, Registered Users 2 Posts: 1,494 ✭✭✭Sala


    Spanish Eyes wrote: »
    I hope someone out there might confirm this for me. I have done a bit of reading up on the Succession Act, but just wanted to be sure.

    It is a family situation. The mother is alive (widowed) and has a will leaving everything equally amongst her children. There are clauses stating that if any of the children predecease her, that share is to pass to his/her children (which I think would happen anyway under the SA) but it copperfastens the situation I suppose.
    .

    Yes the gift lapses. It will be distributed according to the terms of the will.

    As an aside, the share of a predeceased child does not automatically go to grandchildren - s98 provides that were a child predeceased the testator leaving issue the gift does not lapse but takes effect as if they died after the testator so it becomes part of their estate (i.e. if they left everything to their own spouse in their own will, it goes to their spouse)


  • #4
    Spanish Eyes
    Registered Users, Registered Users 2 Posts: 16,059 ✭✭✭✭Spanish Eyes


    Sala wrote: »
    Yes the gift lapses. It will be distributed according to the terms of the will.

    As an aside, the share of a predeceased child does not automatically go to grandchildren - s98 provides that were a child predeceased the testator leaving issue the gift does not lapse but takes effect as if they died after the testator so it becomes part of their estate (i.e. if they left everything to their own spouse in their own will, it goes to their spouse)

    Thanks for the Section 98 clarification. Appreciate that, and the rest of your confirmation too.


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