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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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3 residue beneficiary's in a will. One passed away (before

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3 residue beneficiary's in a will. One passed away (before the testator). Who gets the one third share left over? is it split between the other 2?

1. Dear *****, Yes, the third share of the deceased goes into the residue and is thus divided between the other two people entitled to the residue.

2. Essentially, there are two principles at work here. This first is that if a person predeceased the testator in Ireland, then any gift or legacy to them fails. Secondly, any gift which fails goes into the residue and falls to be distributed as part of the residue.

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Customer: replied 6 months ago.
thanks, ***** ***** does not get divided under the intestacy rules? i.e. that the one third share is not divided under the intestacy rules?

4. I have never heard of that. There is no failure of a bequest where there are other people who can take the residue.