A Will leaves a property to 2 people as beneficial joint tenants. One died before the testator-does the other take all or does one half fall into residue or does the gift fail altogether?
Simon Northcott
In the absence of words of severance then, yes, the survivor takes the whole property.
The answer may be different if there happens to be another clause tucked away elsewhere within the will, directing that if any beneficiary dies before the testator the gift to them passes to their children/issue (or some other third party). Should that be the situation, it will be necessary to look to the testator’s instructions to identify their intentions.
Paul Saunders
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