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

When a person, known as the testator, creates a will that names a beneficiary, they are anticipating that beneficiary to receive the asset they have outlined in their will. But if the beneficiary named in the will passes away before the testator, the asset transfers to someone else. This is known as a predeceased beneficiary. In Virginia, if a beneficiary dies before the testator and no alternate has been named in the will, the asset is distributed to other beneficiaries in the will. The transfer of the asset is based on the same percentage of the total assets outlined in the will. If all of the beneficiaries named in the will predecease the testator, then the estate is transferred to the testator’s heirs. If the testator has not created a will or their will has no valid beneficiaries, then the asset goes to the intestate heirs of the testator. Intestate heirs are the closest relatives to the testator according to state law. In Virginia, intestate heirs are first the surviving spouse and descendants of the testator, followed by parents, and then by siblings. The law of Virginia offers a great deal of protection to the testator’s wishes. To ensure the testator’s wishes are followed, it is best to create a will and name alternate beneficiaries in the event that a named beneficiary of the will predeceases the testator. This will allow the asset to transfer to the alternate beneficiary who was chosen in the will.

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

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