# predecease of inheritor



## benny fitt (6 Sep 2011)

If a person named as a beneficiary in a will ( not a family member ) predeceases the testator,does the benefit pass to the children/siblings of the deceased beneficiary?


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## 44brendan (6 Sep 2011)

It would be treated as the property of the deceased benificiary and would be dealt with in accordance with that persons will. If no will was made it would pass to the next of kin in accordance with the rules of intestacy. (Amended:- see post 82)


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## MugsGame (6 Sep 2011)

I don't believe it's that simple and suggest you seek expert advice, perhaps from FLAC.
http://www.citizensinformation.ie/en/death/before_a_death/making_a_will.html


> Your gift lapses, or no longer applies, if the beneficiary dies before you do. If this happens or if the beneficiary refuses to accept the gift, *your gift goes back to your residuary clause, or if you do not have a residuary clause, into intestacy*. Your gift will not lapse, however, if the beneficiary is a child of yours who has died and you have other children, as the gift will then go to the surviving children.


The duration between the two deaths may also be relevant.


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## putsch (6 Sep 2011)

Also a will may say "xooo euro to y provided they survive me" or "x,ooo to such of my grandchildren as are living at the date of my death".

There is no way to advise you without knowing the precise terms of the bequest.


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## hastalavista (7 Sep 2011)

benny fitt said:


> If a person named as a beneficiary in a will ( not a family member ) predeceases the testator,does the benefit pass to the children/siblings of the deceased beneficiary?



No for the reasons given by Mugsgame


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## 44brendan (7 Sep 2011)

I acknowledge that my initial response was incorrect. See commentary below but advise is general and I would recommend that you talk to a solicitor re the specifics of the issue as any advice here should be taken as general guidance only.
In a testate situation i.e. where there is a will, the general rule is that where a beneficiary predeceases the testator the gift lapses and falls into the residue of the estate, per section 91 of the Succession Act. This essentially means that, unless there is an effective 'gift-over clause' or section 98 applies then the bequest fails and as you so succinctly put it; it goes into the 'pot'" for distribution amongst the residuary legatees, which incidentally isn't necessarily everyone. 

Section 98 is often misinterpreted and can be difficult to understand but it is first and foremost an exception to the general rule. It applies only in circumstances where a child predeceases the testator leaving issue (not just children but issue e.g grandchildren) and such issue are living at the time of the death of the testator, the gift shall not lapse but shall take effect as if the death of that person has happened immediately after the death of the testator. In virtually all other circumstances the gift will fail and will revert to the residue.


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