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NSW If Beneficiary Dies Before Relative with Will - Where Will Estate Go?

Discussion in 'Wills and Estate Planning Law Forum' started by Wingod, 6 November 2015.

  1. Wingod

    Wingod Member

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    If I am the sole beneficiary of a relative's Will and I die before my relative, does the relative's estate automatically pass to my spouse or then my children?
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Wingod

    Do you have a Will yourself?

    If you do... and passed away... then your distribution from you relative's estate would form part of your estate, and be distributed according to the terms of your Will (assuming no intervention from the Courts from anyone claiming they have no been adequately provided for in your Will).

    Assuming you do not have a Will... then according to the rules of intestacy in NSW, assuming your children are issue of you and your spouse (and not carried forward from a previous relationship/marriage) then your whole estate including your distribution from you relative's estate would be distributed to your spouse.

    In NSW, these rules are set out in the Succession Act (NSW) 2006.

    CHAPTER 4 - INTESTACY

    SUCCESSION ACT 2006 - SECT 112
    Spouse’s entitlement where issue are also issue of the spouse
    112 Spouse’s entitlement where issue are also issue of the spouse
    If an intestate leaves a spouse and issue and the issue are all also issue of the spouse, the spouse is entitled to the whole of the intestate estate.

    Kind regards
     
  3. Wingod

    Wingod Member

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    Thanks James,
    Appreciate your help!

    Cheers.
     

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