What Happens to Property if the Beneficiary Named in the Will is Deceased?
Full Question:
if property is listed in a will as 'absolute' to a person and that person was deceased prior to the person that made the will, what happens to that property?
05/14/2017 |
Category: Wills and Es... ยป Representati... |
State: South Carolina |
#37136
Answer:
The law of representation could also apply depending on who the beneficiary was in relation to the deceased. If the beneficiary was a child of the deceased and the child left living issue then those living issue would receive the share of their deceased parent under the law of representation unless the Will provided otherwise. Representation could also apply to other heirs other than a child but this would need to be checked under South Carolina law.
Due to the factors of the wording of the Will and law of representation, we cannot say for sure who would receive the property. The wording needs to be reviewed. This should be done by the person who probates the Will.
