NSW Succession on death of beneficiary before testator

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Ian H

Member
19 September 2019
3
0
1
My wife is a beneficiary of 50% of her mother's estate under her mother's will. There is no provision in the mother's will to cover the situation of my wife pre-deceasing her mother. I am the beneficiary of 100% of my wife's estate under her will. Our children are equal beneficiaries of my wife's estate if I pre-decease her.

If my wife pre-deceases her mother (and the mother's will doesn't get changed) who would be the beneficiary of my wife's entitlement to 50% of her mother's estate when her mother dies?

Thanks

Ian H
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Depends on the exact wording of the will. If the bequest fails (what's called a partial intestacy), it will be dealt with by either the balance terms of the will if relevant, or the Succession Act's intestacy rules.
 

Ian H

Member
19 September 2019
3
0
1
Thanks Rob.

But under what circumstances would a bequest fail? Would it fail because the beneficiary predeceased the testator?

Regards


Ian H
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Generally because there is no beneficiary for that item. For example, if I leave my guitar to my cousin Adam Jones and I outlive him then he can't receive my guitar as a bequest. That bequest would then fail, and the guitar would fall into the rest and residue. If I didn't want that to happen, I'd leave it to him on the proviso that if he fails to survive me then I give it to another named person.
 

Ian H

Member
19 September 2019
3
0
1
Thanks Rob. That clear's it up and answers my query. We need to get my mother in law's will fixed up because it doesn't currently reflect what she wants to happen.

Regards

Ian