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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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where a will is split 3 equal ways, ie 2 individuals and a

Customer Question

where a will is split 3 equal ways, ie 2 individuals and a charity, and one individual has died what happens to his share? I think it passes to his 3 children.thanks Stephen
Submitted: 4 years ago.
Category: Law
Expert:  UKSolicitorJA replied 4 years ago.
Hello,It would depend. If the Will was silent on what would happen in such a scenario, the following would apply:If the beneficiary who passed away was a child or descendant of the testator (will maker), and the testator was still alive when that beneficiary died, S. 33 of the Wills Act 1837 provides that the children of the deceased beneficiary will take the inheritance in place of the deceased.If the dead beneficiary was not related to the testator then the inheritance goes back to the testator 's estate.Hope this helps