Inheritance Forum Questions
What happens when a beneficiary dies before the testator?
If the testator did not provide for this scenario, and did not name another person who would get the beneficiary's share should he die first, then his children or spouse who are alive, will get what he was left under the will, according to law.
What happens when a beneficiary dies before the testator without leaving a spouse or children?
In this case the instruction regarding that beneficiary is cancelled, and the share intended for him is divided among the heirs according to law.
Can a testator who wishes a particular person to be a beneficiary under his will, include a specific instruction that should that individual die before him, or is not alive when probate is granted, then his heirs cannot get the inheritance intended for him?
Yes! In this case, the heirs of the intended beneficiary cannot inherit, and the share in question would be divided up between the heirs according to law, unless instructions otherwise were also included in the will.