Saturday, July 5, 2008

Contingent Beneficiaries

What if one of the beneficiaries of my will predeceases me? Personally, I think this issue is blown out of proportion. Simple answer: if one of your beneficiaries dies then redraft the will to leave the bequest someone else. Yeah, but what if we die together? The probability of this occurring is very low but people still fret over it so the law provides a solution: contingent beneficiaries. This class of beneficiary only takes if the primary beneficiary predeceases the maker of the will (the technical term is testator or testatrix). An example is as follows:
I give and bequeath all the rest, residue and remainder of my estate to Sally Smith, but if she shall not survive me by at least 24 hours, then I give and bequeath the rest, residue and remainder of my estate to the Animal Rescue Foundation.
All competent estate planning attorneys will be able to craft a last will for you naming contingent beneficiaries. Some online last will templates allow for the naming contingent beneficiaries, some do not. If this issue is a concern to you, check before purchase whether this feature is offered.

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