QLD If beneficiary of Will dies before property distributed

Discussion in 'Wills and Estate Planning Law Forum' started by Zareena, 5 August 2019.

  1. Zareena

    Zareena Member

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    Hi there,

    My Grandfather passed away and left his property and a small amount of assets to my Dad and his 4 siblings. The assets were distributed but property has been on the market for a year and hasn’t been sold yet. My Dad’s Heath hasn’t been great lately and he has been in and out of hospital. A hypothetical question but if my Dad were to die before the property is sold, would his share go to his remaining living siblings (the 4 other people in my grandfathers Will) or to my Dad’s children?

    Thank you.
     
  2. Rob Legat - SBPL

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    The 'standard' rule is that a beneficiary has to survive the deceased for a period of 30 days in order to take part in the distribution of the estate. Once past that period (unless the terms of the will contradict) the share of the estate still passes to the beneficiary if they die and, if they do, it is dealt with as part of the beneficiary's estate. This means it will be come under their will if they have one.
     
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  3. Zareena

    Zareena Member

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    Great thanks Rob. My Dad does have a Will (just a post office Will pack) leaving his Estate to my brothers and I. Would this suffice? Thanks again for your time.

    Zareena
     
  4. Rob Legat - SBPL

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    So long as he survives to participate in your grandfather's estate, then his share should be dealt with according to his arrangements and not fall back into your grandfather's estate. I can't tell whether the terms of your father's will are sufficient to deal with his estate. Call it professional bias if you like, but I have little to no faith in the DIY will kits.

    Basically, there's no way to tell without a proper review of all the arrangements.
     
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