Partial intestacy and lapsed gifts

Where a will distributes only part of a deceased's estate (which means that the person died partially intestate), the part of the estate that has not been disposed of by the will is divided according to the statutory order. See Distribution of an intestate estate.

Where a beneficiary who is not a child of the testator dies before the testator and the deceased beneficiary's interest in the estate was a specific gift, the gift lapses and becomes part of the residuary estate. Where the deceased beneficiary's interest in the estate was a share of the residuary estate, the share must be distributed according to the statutory order.

If the deceased beneficiary was a child or a grandchild of the testator, the gift or share does not necessarily lapse if the deceased beneficiary has a child or children living at the date the testator's death. In this situaton, unless a contrary intention appears in the will, the gift or share would pass to and be distributed according to the deceased beneficiary's estate. It would not necessarily pass to that deceased beneficiary's children [Wills Act 1936 (SA) s 36].

Partial intestacy and lapsed gifts  :  Last Revised: Thu Nov 13th 2014
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