The Will of the Testator left 3 pecuniary Legacies before the residue is ascertained. The Residuary Estate was bequeathed after payment of debts/funeral and testamentary expenses upon the following terms:
- A legacy of £5,000 to X
- The remainder of the Residuary Estate to Y
X predeceased the Testator and the Will left no substitutional provisions for the failed legacy of residue. Does the failed legacy of X pass under Intestacy of Testator OR does it pass back to residuary estate for Y ?
Normally a failed legacy of residue passes under Intestacy but would the legacy to X be treated in any other way as a pecuniary legacy.