A member asked over 8 years ago

Beneficiary of a will

If the beneficiary of a will is deseased will the child of beneficiary be the next in line?

Christie Gardiner
Lecturer of Law at Australian National University

This entirely depends on whether the will itself provides for a substitute beneficiary. If the will does not provide for a substitute beneficiary, the property will pass to the surviving residuary beneficiaries specified under the will. If there are no surviving residuary beneficiaries, the property will typically pass in accordance with applicable intestate provisions. You should also keep in mind that even if someone has been left without a benefit from a deceased estate, they may still be entitled to apply for a family provision order by the Supreme Court (effectively varying the distribution of the estate). The overall distribution of an estate is subject to a range of factors which can vary greatly depending on the nature and circumstances of the estate and the interested parties relationship to the deceased, so it is important to obtain professional advice in respect of your specific needs.

Answered over 8 years ago   Legal disclaimer

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