Partial Intestacy?

Trusts Discussion
1

I have a homemade Will under which the named Executor has predeceased. No substitute appointment. The Will provides:

I give half of my estate to A (or her heirs) and half to B (or her heirs)

A has predeceased. The Will has been signed and witnessed but one of the witnesses is A’s daughter.

If “or her heirs” intended to mean issue or the beneficiaries of A’s Will, then A’s daughter would be included either way.

On that basis do forum members agree that 50% of the estate passes to B and the other 50% on a partial intestacy?

I’d also be interested to hear what anyone thinks the definition of “or her heirs” means. If this means the beneficairies of A’s Will and A had made a Will leaving her estate to someone other that her daughter, then presumably the fact A’s daughter witnessed would not then be an issue?

2

It’s my understanding if a named beneficiary is a witness to a valid will they’re considered to have pre deceased the testator.

However the will remains valid.

A’s daughter is excluded.

Richard Bishop