Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

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

    Joined:
    2 May 2016
    Messages:
    4
    Likes Received:
    0
    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

    Joined:
    27 May 2014
    Messages:
    3,557
    Likes Received:
    494
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Andrew Hunter

    Andrew Hunter Member

    Joined:
    2 May 2016
    Messages:
    4
    Likes Received:
    0
    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

    Joined:
    27 May 2014
    Messages:
    3,557
    Likes Received:
    494
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Andrew Hunter

    Andrew Hunter Member

    Joined:
    2 May 2016
    Messages:
    4
    Likes Received:
    0
Loading...

Share This Page

Loading...
gt;