What happens if one of the residuary beneficaries of a life interest estate dies

The Will creates a life interest trust and when that ends states that the net proceeds of sale are divided between two beneficiaries in equal shares absolutely. If one of the beneficiaries has died, what happens to their share? Does it pass to their estate and distributed in accordance with their Will or since they had not received the gift at the time they had died (as the life tenant was still alive) a partial intestacy arises and therefore the intestacy rules and intestacy beneficiaries of the deceased’s estate would inherit the share?
Charlotte Coombs
Hughes Paddison

Without knowing what the will creating the life interest actually says, any answer can only be speculative as there are a range of possible outcomes.

Paul Saunders

It depends on the wording of the trust-whether the interest was vested on the first death or depended on surviving till the second.

Simon Northcott

Charlotte the usual provision is that if the named remaindermen were alive when the testator died, the interest in remainder vests when the Will comes into effect, ie that each remainderman became absolutely entitled to his/her share when the testator died, meaning therefore that if either remainderman dies before the life interest expires, their Personal Representative (executor or administrator) stands in their shoes. (This can mean that its then necessary to obtain a grant after the life tenant dies, if there had been no need to do so in respect of the rest of deceased remainderman’s estate when they died. Of course the entitlement to the share after the life interest was always (in this scenario) an asset of the remaidnrman;'s estate , just not one which was subject to IHT when the remainderman died).

You don’t mention when the remainderman died. If before the testator then the effect of the Will is likely to be that the surviving remaindermen take that deceased remainderman’s share, but there may be substitution provisions in the testator’s Will which would lead to a different result

All of which is a long winded way of agreeing with the other postings, that it depends on what the Will says.

Simon Leney
Cripps LLP