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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A residual beneficiary of a will has pre deceased the testator.

Customer Question

A residual beneficiary of a will has pre deceased the testator. Does their portion go the the next of kin of the testator as per intestacy rules uk. Or does their portion go into the "pot" and the surviving residual beneficiaries share it. There was no provision stated in the will for what is to happen in the case of a pre decease of a beneficiary, so assume that their spouse does not benefity.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat is the family relationship (if any) between the deceased and the beneficiary?
Customer: replied 1 year ago.
None, the deceased beneficiary was not related to the testator. No long term friend, originally the testator's landlord.
Expert:  Clare replied 1 year ago.
In that case their portion falls back into the pot to be divided between the other Residual beneficiariesI hope that this is of assistance Please ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you Clare. So we convert % into portions ie the residual benficiaries are 25% 25% and 50%. The deceased beneficiary's share would have been 25%. I assume that we now distrubugte as 1/3rd and 2/3rds
Expert:  Clare replied 1 year ago.
Yes that is correct
Customer: replied 1 year ago.
Thank you Clare very much
Expert:  Clare replied 1 year ago.
You are most welcome