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Ask ivorylounge Your Own Question
Category: Law
Satisfied Customers: 33371
Experience:  Barrister at Self Employed Barrister
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I am acting as an executor on a will and have question on

Customer Question

Hi I am acting as an executor on a will and have question on one section within a will..which there are three beneficiaries and one has since passed away before the estate has been finalised the section concerned reads I leave one share to my sister ..... ... Of........... Provided that if she shall have predeceased me then her husband ........ Shall take the share in my residual you estate which my said sister ........would have taken had she survived me therefore as the persons will I am dealing will passed away in August 2015 and the sister mentioned above died only last week in October 2015 Does the section apply or do I have to distribute the estate now between the other to beneficiaries .?.? Your assistance would be gratefully received
Submitted: 2 years ago.
Category: Law
Expert:  ivorylounge replied 2 years ago.
The key word is predeceased - the fact from your dates is that sister died after the testator - thus she and her estate remain beneficiaries. I hope this helps.. Please rate positive