What happens if a named beneficiary in a will predeceases the testator?

When a named beneficiary in a will predeceases the testator, the inheritance that was intended for that beneficiary usually passes to the beneficiary’s estate, unless specifically stated otherwise in the will. If the beneficiary has a will of their own, the inheritance will be distributed according to the terms of that will. If there is no will available, California law dictates that the inheritance will go to the beneficiary’s closest living relative. In the absence of any living relatives, the inheritance will pass to the state as part of the intestate succession process. The testator can take steps to avoid the problem of a beneficiary predeceasing them. This can be done by naming contingent beneficiaries in the will, which can be the beneficiaries’ children, or the beneficiary’s siblings, spouse, or parents. These contingent beneficiaries would receive the inheritance in the event of the named beneficiary’s death. If the inherited property is real estate and the testator wants the property to continue to be owned by the same family, he or she can create a special trust in addition to the will. This trust would allow the property to be passed on to the beneficiary’s closest relatives, instead of the state, if the beneficiary dies before the testator. It is important for testators in California to be aware of the rules regarding succession when drafting a will, especially if they plan to name beneficiaries who may predecease them. This can help ensure that the testator’s wishes are respected and their desired distributions are made.

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What happens if a named beneficiary in a will predeceases the testator?

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