I have a Will which leaves the residue of an estate to a class of 4 nieces and nephews (who are named in the Will) as shall survive the deceased and if more than one in equal shares absolutely. One nephew predeceased the testator - would s.33 of the Wills Act apply to that nephews children? I can find no interpretation of “remoter descendant” in the Wills Act itself
Jade Paine
Q S Howlett Clarke
As far as I am aware S.33 only applies to Issue of the testator which of course nieces and nephews are not (unless they had been legally adopted by the testator of course but I don’t think that is the case here?)
Rachael Waring
Frodshams
No.
s.33(1) Wills Act 1837 requires that the pre-deceased beneficiary be “a child or remoter descendant of the testator” or, where a class gift, that the class consists (exclusively?) of “children or remoter issue of the testator”.
Whilst it could be argued that if the testator stood “in loco parentis” to the deceased nephew, s.33 might apply, I am not aware that such scenario has been judicially tested.
Paul Saunders