Beneficiary In My Will

[Henry1865]

If a beneficiary under my will is dead by the time I die, does that bequest automatically lapse? My son and daughter are due inherit half each but, if he is dead I want all to go to my daughter.

[naomi24]

Change your will now and make your wishes clear.

[davebro]

If your son has children his share would go to them (I think).

[Peter Pedant]

CHris used to write these things for a living
You specify in Legal

and if not living then ...

I think but Chris may correct
to x and y in equal halves if living, and if dead , the whole part to the survivor

I think does the trick

remember to put in if both dead, dogs home or Mrs Mopp darn da road etc

[Peter Pedant]

Best answer to Naomi

[ubasses]

Davebro is correct

[ubasses]

....That is if you do not stipulate in your Will that you wish his share goes to your daughter.

[Peter Pedant]

Dave bro is correct unless you specify
this is what Heir hunters is all about

why not get a lawyer to draw one up? it doesnt cost much

[MissTerious2]

https://myfamilylegacy.co.uk/what-happens-if-your-executor-or-beneficiary-dies-before-you/#:~:text=Generally%20speaking%2C%20if%20a%20beneficiary,estate%20to%20the%20remaining%20beneficiaries.

[THECORBYLOON]

Could you not say the bequest would be shared equally by your surviving children?

That would mean your daughter's share would be 100% if your son dies before you instead of half.

[Peter Pedant]

yes that wd be OK
why not just re write the will when and if one dies?
that wd really cheap and simple

[Barmaid]

There are lots of really good answers on this thread.

If I might give the definitive answer: You need to take advice on your current Will since it may or may not provide for a surviving child to inherit your entire estate. It will be easy to deal with by way of a codicil.

Broadly speaking, s33 Wills Act 1837 says that if you leave a bequest to a child or issue (that's any descendant) and that child/issue dies before you, then their children inherit, UNLESS A CONTRARY INTENTION APPEARS IN THE WILL. I do not know what your current Will says, but the best way to ensure that the survivor inherits is to say "I declare that s33 Wills Act 1837 shall not apply to this my will".

How your will is drafted at present is important and you should ensure that you seek advice on it.

[Peter Pedant]

thanks Barmaid
BA of course - you deserve it