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NSW Simultaneous Death Clause in Will - What Happens to Share of Beneficiary?

Discussion in 'Wills and Estate Planning Law Forum' started by Andrew Hunter, 2 May 2016.

  1. Andrew Hunter

    Andrew Hunter Member

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    I have added a Simultaneous Death Clause to my will after naming my 3 sons should my wife predecease me.

    "If any beneficiary /ies should die at the same time as I should die or within 30 days of my death, then he/they will be deemed to have predeceased me."

    My question then is, what happens to the 1/3rd share if one of my sons also predeceased me?

    I really want their share to go to their estate only if they have surviving children.
     
  2. Rod

    Rod Well-Known Member

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    1. Change your will if this happens or
    2. Re-write your will now to cover this circumstance. If shares are equal atm (ie 1/3rd each) rather than saying 1/3rd shares to each of my sons, say equal shares. That way two remaining sons would get half each.
     
  3. Andrew Hunter

    Andrew Hunter Member

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    Thanks Rod - I have used term equal shares but I want to ensure that my grandchildren are not excluded should their father die - say in the same car as me for example.
     
  4. Rod

    Rod Well-Known Member

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    OK. Then you have an additional condition that says something like: .... should any son die before me or within 30 days of me, then the deceased son's share shall be equally(?) divided between his children.

    If a son has no children and dies then the condition is not met and his 'share' passes to the other sons or their children.
     
  5. Andrew Hunter

    Andrew Hunter Member

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