- When a beneficiary dies before the person making the will, the benefit 'lapses'. This means it will pass to the person who was to receive the 'residue' of the estate. If there is no 'residue' clause, this will be the person(s) who would get it on intestacy.
- However, if the person who was to receive the benefit is a child of the person making the will and they have children of their own (grand children) their share passes to their estate (which may or may not mean the grand children).
- When a beneficiary dies after the person making the will, their share is part of their estate and will pass to their beneficiaries, even if they haven’t received the funds from the first estate.