# What happens when a beneficiary  in a will dies



## net64

Just looking for a bit of clarification please.
If someone dies and leaves money to a sibling but that sibling is dead does it go to the dead beneficiary's children or to the surviving siblings of the person who made the will?

Thanks

Net64


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## TheFatMan

It will go to the dead siblings estate and should be dispearsed in accordance with their will. In the absence of a will then yes the dead sibling's children inherit


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## huskerdu

Is a case similar to this in my family, it went to the dead beneficiarys children. This was a case where there was no will, so the rules of intestecy were used. 

A will might stipulate differently.


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## net64

huskerdu, thanks for the reply.

Net64


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## Padraigb

The rules are different where there is a will. Sec. 91 of the Succession Act provides:


> 91.—Unless a contrary intention appears from the will, any estate comprised or intended to be comprised in any devise or bequest contained in the will which fails or is void by reason of the fact that the devisee or legatee did not survive the testator, or by reason of the devise or bequest being contrary to law or otherwise incapable of taking effect, shall be included in any residuary devise or bequest, as the case may be, contained in the will.


So if the estate is to be divided between the testator's siblings, the effect is that it is divided between the surviving siblings.

[If it is an estate passing from parents to children, a different section of the Act applies: the children of a deceased child do get the bequest.]


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## net64

TheFatMan, thanks for the reply.
Also Padraigb.So if there is a will and the beneficiary is dead his share does not go to his children but to his surviving brothers and sisters?

Thanks Net64


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## Padraigb

Strictly speaking, the share intended for the predeceased sibling becomes part of the residue. On the assumption that the residue is to be divided between the siblings, then that share goes to the surviving siblings; you could say that it never left them. [That is "unless a contrary intention appears from the will".]

Suppose that a will says that (after specific bequests) "everything is to be divided equally between my brothers Tom, Dick, and Harry"; suppose that Harry died before the testator; the will is in effect revised to "everything is to be divided equally between my brothers Tom and Dick".

If it's your sort of thing, you can read the legislation here: http://www.irishstatutebook.ie/1965/en/act/pub/0027/print.html


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## net64

Thanks Padraigb. That clarifies it for me now.

Thanks

Net64


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## hazelgreen

In a couple of wills I am familiar with, the share due to a child is to go to the children of that person should they predecease the person who wrote the will. This is stipulated in the original will.  It surprised me to see the spouse of the possibly deceased beneficiary is bypassed in favour of the children. The blood line continuing I suppose.


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