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

In Georgia, if a named beneficiary in a will predeceases the testator, the deceased beneficiary’s portion of the estate is considered “lapsed,” or dormant. In some cases, the estate will pass through to the deceased beneficiary’s heirs as if the deceased beneficiary had not been named in the will. The will must clearly state the intention of the testator in this scenario for the estate to be distributed accordingly. Another option, if the testator desires, is for the estate to pass through to a new beneficiary. If there is no new beneficiary named, the portion the deceased beneficiary would have received will be dispersed among the other named beneficiaries. For instance, if there were three named beneficiaries and one predeceased the testator, the remaining two would receive an equal portion of the deceased beneficiary’s share of the estate. What happens to the estate in the event of a predeceased beneficiary is based upon the provisions of the will. If the will does not make any special provisions, then the estate passes through to the living beneficiaries as if the deceased beneficiary was never named. It is important that the will be kept up to date so that the testator’s wishes are followed after their death.

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

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