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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10796
Experience:  Barrister 17 years experience
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I am acting as an executor on my aunts will there is

Resolved Question:

Hi I am acting as an executor on my aunts will there is section within the will I need an answer for there are 3beneficuries named in the will however 1has passed away within the last week before the estate has been finalised My aunt passed away in August
2015 and the person named on the wii in October 2015 the section reads as follows As to one share for my sister ........of.........address that if she shall have predeceased me then her husband ........ Shall take the share in my residary estate which my said
sister....would have taken had she survived me my question therefore is does this section still apply or do the 2remaining beneficiaries get this share between them lAwait your reply
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. The key date in determining whether a person inherits under a will is the date of death. Anyone alive at this date is entitled to take their share. It makes no difference that the person dies before the will is finalised or admitted to probate. Once the beneficiary under the will survives the testator, they are entitled to their benefit under the will. Here, the aunt died in August, 2015. Here sister survived her and lived until October, 2015. So, this sister takes her share, not her husband. This sisters share now forms part of the sister's estate and will fall to be distributed in accordance with her will. The clause you have quoted in your question has no application as the sister has survived the aunt.
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