Naming beneficiaries in your will can help ensure estate administration is easier after your death. But what happens if a person named in a will is deceased in the UK? Life’s uncertainties can make this scenario a real possibility, highlighting the importance of comprehensive estate planning.
Our article explains exactly what happens to inheritance when a beneficiary dies before a testator. We have also provided helpful tips on how to ensure assets go to the correct beneficiaries.
What Happens if a Beneficiary Dies Before the Testator?
A beneficiary is someone who inherits an asset or assets. The relationship between the beneficiary and the testator determines what happens to the asset they were to inherit.
Direct Descendant
If a beneficiary is a direct descendant such as a child or grandchild and they have children of their own, their inheritance may pass to their child. However, this depends on the inclusion of a specific clause outlining such provisions.
If they did not have children or there was no clause, the asset would return to the original estate. It would then be distributed following the grant of probate approval.
Non-Direct Descendant
For non-direct descendants, their inheritance becomes a lapsed gift and remains part of the original estate. This means that the asset will be distributed through intestacy rules.
In either case, it’s recommended to update your will to account for the beneficiary’s passing. Unless you are satisfied with the next designated beneficiary inheriting as planned.
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What Happens if a Beneficiary Dies Before the Estate Is Settled in the UK
Should the beneficiary die before receiving the inheritance, when they died decides what becomes of it. This is due to the ‘survivorship clause’ which is common in wills.
0-28 Days Following Testator Death
Beneficiaries must survive for 28 days following the death of a testator. This means if the beneficiary passed away following this, UK law treats them as if they died before the maker of the will. Their inheritance will remain part of the deceased person's estate. It will then be distributed to other surviving relatives through intestacy rules.
29+ Days Following Testator Death
Should the beneficiary survive the deceased for 28 days or more, their inheritance will form part of their estate. It will then be passed on through the beneficiary's own will or via rules of intestacy if they don’t have one.
The survivorship clause prevents a beneficiary from receiving the gift bequeathed to them in a will until a period has passed. Normally a minimum 28 days.
Tips for Avoiding Complications in Your Will
Here are some essential tips to help you navigate and prevent complications when a beneficiary passes away.
Check Will Regularly
The UK Government recommends that you review your will every 5 years. This allows for some minor changes that you might have overlooked from impacting your will. If anything significant has happened in between these years, you should review your will. This includes if there has been a death that affects assets you were planning to bequeath.
Include Substitution Clauses
If you wish to avoid your assets following the rules of intestacy or going to the crown, you can make provisions in your will to counter such issues.
This can include a clause such as ‘I bequeath my house located at [address] to my brother, [brother's full name] if he survives me. If my brother predeceases me, I bequeath my house to my daughter, [daughter's full name]’.
Seek Legal Advice
While you do not require a legal professional to help draft a will, it is strongly advised. A professional will writer or solicitor can account for many eventualities. They can also include substitution clauses in the document. This means your assets will go to those you want them to, in the order you intend.
If you have a will already written and are happy with its contents, you should hire a legal professional to read through it. This helps ensure it is sufficient for the distribution you intend.
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Key Takeaways
Whilst a will can help solve most issues when you pass away, some may arise that you were not planning. What happens to your assets when a beneficiary passes away, depends on a range of factors. If they die before you, checking your will regularly will ensure that your estate goes to the loved ones you want it to. You can also include substitution clauses to cover future deaths.
If they pass away after you, the timing dictates what happens to their inheritance. If their death was within 28 days of your death it will likely continue as a part of your estate. If it was more than 28 days, it would be a part of their estate. Having an experienced will writer help you draft or update your will, can prevent eventualities like this.
Find a Will Writer
Hiring an experienced professional will writer helps ensure you can plan for many eventualities. This helps make distributing your estate more straightforward and seamless for your loved ones.
Compare My Move can connect you with professional will writers in your area. Our partner network of will writers and solicitors ensures your will is legally binding. They can accommodate large and complex estates. You can speak to each writer to discuss your requirements.
Fill in our will writing comparison form to compare up to 6 quotes and save on your will writing fees. All partners must pass our strict verification process before joining our network. Will writers must provide proof of regulation by one of the following regulatory bodies:
Solicitors Regulation Authority (SRA)
Council for Licensed Conveyancers (CLC)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Chartered Institute of Legal Executives (CILEX)
The Institute of Chartered Accountants (ICAEW)
Institute of Professional Will Writers (IPW)
The Society of Will Writers (SWW)
