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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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If a beneficiary dies, who is in a will, will their share

Customer Question

If a beneficiary dies, who is in a will, will their share automatically go to their offspring?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

If the bequest is to a child or other descendant and s33 of the Wills act is not excluded and the child predeceases the parent but leaves children themselves then the children of deceased beneficiary take their parents share

http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33

If it is just left to anyone not a descendant and that person dies, then the gift fails and goes into residue.

Can I clarify anything for you?

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Best wishes.

FES.