When a beneficiary dies after the deceased but before the estate is settled, the first step is to look at the will.
When the beneficiary dies shortly after the deceased
Most wills have a survival clause. This type of clause will say how many days a beneficiary needs to survive the will-maker in order to keep being entitled to their inheritance. A typical period of time is 30 days.
If the will doesn’t have a survival clause, then the law kicks in with a five-day survival period.
When a beneficiary dies within the survival period, the law will apply as if they had died before the deceased person. This law says how that beneficiary's share should be distributed. Here we explain in more detail who a deceased beneficiary’s share should go to if they pass away before the will-maker, which also applies when a beneficiary dies within the survival period.
When the survival rules don’t apply
When the beneficiary lives beyond the survival period, you’ll need to look at what the will says to figure out who should get the beneficiary’s share. For example, a will may say that the beneficiary receives a gift only if they survive a certain other person. In such a case, the beneficiary’s gift may lapse and be distributed to other beneficiaries.
Unless the will says otherwise, the beneficiary's share of the estate usually passes to the beneficiary’s estate. That is, the gift to the beneficiary would become part of the beneficiary's estate. In turn, the beneficiary’s estate should be distributed according to their will. Or, if they didn’t have a will, it would be distributed under the rules of intestacy.
(If you’re wondering what happens if there's no will and an heir dies before the estate settles, we answer that question here.)
If you’ve made a Will, you might think you have everything taken care of. So what if your Executor dies before you? Or one of your Beneficiaries passes away while you’re still living?
There are steps you can take to plan for these scenarios. We hope you find the explanations below useful. Remember, estate planning is a complex process. If you want your legacy to be received by the right people, it’s a good idea to make sure your Will covers such events.
What happens if an Executor predeceases you?
If your Executor were to pass away before you, it’s possible to appoint another executor. You don’t have to write a new Will, you can use a codicil to appoint the new Executor.
Sometimes there isn’t enough time to name another Executor. For example, if the Testator is in poor health or dies soon after the Executor. If there is no living Executor in place at the time of your death, your estate would have to go through probate.
You may appoint up to four Executors in your Will. In the case that one of them died before you, the other Executor(s) would take responsibility for administering your estate. It’s a good idea to appoint more than one Executor for this reason.
What happens if a Beneficiary predeceases you?
The answer depends on the circumstances.
Generally speaking, if a beneficiary dies before you, their gift lapses – it becomes null and void as if it never existed. Their share is then distributed as part of your estate to the remaining beneficiaries. It is possible to redirect the share of your deceased beneficiary, provided you have left instructions in your Will to this effect. For example, ‘Sarah will receive X. In the event that Sarah’s death precedes mine, X will be distributed to…’
However, if your beneficiary is a direct descendant (your child or grandchild, for instance) and they have surviving children, the deceased’s share would pass to those children.
What happens if a Beneficiary dies before your estate is distributed?
If your beneficiary dies after you, but before your estate has been distributed, their share would not lapse. Instead, your gift would be inherited by your beneficiary’s estate and it would be distributed as per their Will. If they have no Will, then the laws of intestacy would decide how their estate is distributed.
When you make a Will, you hope that the people you leave your legacy to will live long after you. Death, like life, is unpredictable. Sometimes Beneficiaries and Executors pass away before. We have outlined some common scenarios above, though many others could happen: all your Executors predecease you, or all of your Beneficiaries, for example.
Estate planning is complicated. Always take professional advice before making your Will, so you can be sure that no stone is unturned. Call My Family Legacy on 0117 2795507 for a confidential, no-obligation chat.
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