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Validity of will if benificiaries dies before Testator


27-May-2023 (In Wills / Trusts Law)
My grandmother made a will bequeathing some properties to my father alone and not naming any of her other children and/or their heirs. My father passed away and my grandmother is still with us. Is the original will still valid? Do the legal heirs of my father have right to the property? Or do all the bequeathed properties can now be claimed by my grandmother's other sons and/or their heirs? Can I make a codicil to the existing will so that the heirs of my father receive the rights to the property after my grandmother passes? PS: My father did not have a will.
Answers (1)

Answer #1
512 votes
Since the legatee (your father) has predeceased the testator (your grandmother), the bequests made by your grandmother to your late father will lapse and the same will form part of the residue of your grandmothers estate. Hence if in the will your grandmother has bequeathed all residue assets to certain persons, the property will also form part of such residue assets and will on your grandmother's death devolve on such persons. Alternatively your grandmother can make a codicil to the will specifically bequeathing the property to some other legal heir/s.

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