NSW Dying Before Deceased Estate is Finalised - What will Happen?

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Knightmare

Well-Known Member
17 February 2016
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A friend has a sibling who may die before their parents' estate is settled.

What will happen to the sibling's portion of the deceased estate - will it revert to the estate for re-distribution amongst surviving members or will their portion be distributed on the basis of their will?
 

Rob Legat - SBPL

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16 February 2017
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It will depend on the wording of the will. Generally speaking, unless there is some specific condition attached to the bequest in the will, once the person survives the testator (often by a buffer of, say, 30 days) then the distribution will form part of the person's estate.
 

Knightmare

Well-Known Member
17 February 2016
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Are you saying that if a beneficiary dies before the testator's estate is distributed, that the proceeds of the estate will still go to the beneficiary (even though they are dead)?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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Yes, sort of. It can't go to them, as they're dead - it forms part of their estate and is divided according to their arrangements. That only applies if they:

- legally survive the testator but die before receiving the bequest; and
- the testator's will doesn't provide otherwise.

There's also the concern of a challenge to the will, but that's an overarching concern that occurs across the board.