I would like your advice please about something that is bothering me. I am a widower and made a will a few years ago leaving everything I own to my five children equally. One of my children is now sadly very ill. If my child dies before me, I would like for my grandchildren to inherit her share. Will this happen automatically and if not, who will inherit this portion of my estate?
Normally when a beneficiary (person receiving the inheritance) pre-deceases a Testator (person who makes a will) the gift will lapse and fail. However, an exception to this rule is contained within Section 98 of the Succession Act 1965. Section 98 provides that where a child pre-deceases a testator leaving children and such children are living at the time of the death of the testator the bequest shall not lapse.
Therefore, in your situation if your child pre-deceases you leaving grandchildren, the benefit that would have been received by your child is preserved and will pass to your deceased’s child’s estate.
It is important to note that the bequest will go to your deceased’s child’s estate and not necessarily to your grandchildren. The bequest will be divided in accordance with the terms set out in your deceased child’s will. Example: Your child dies before you leaving two children. She has made a will leaving her entire estate to her boyfriend. Your bequest to her will not lapse by virtue of the fact she left children but this bequest will go to her boyfriend under the terms of her will.
If you wish for your grandchildren to inherit rather than for the bequest to pass to your child’s estate then it would be important to update your will providing that such a bequest would pass to your grandchildren.