Creating a will allows you to decide how your property should be handled after death. However, circumstances can change between the time a will is signed and the time the estate is eventually distributed. One serious situation is when the person named as a beneficiary dies before the person who made the will.
Georgia law addresses this situation through its anti-lapse statute. It states that a gift does not necessarily fail simply because the named beneficiary died first. Whether the inheritance passes to the beneficiary’s descendants depends on the wording of the gift and other circumstances surrounding the will.
What happens to the beneficiary’s share?
If the deceased beneficiary has living descendants when the person who made the will dies, Georgia law may allow those descendants to receive the inheritance. The rule applies when the gift was absolute and was not subject to a remainder, limitation or other condition.
For example, if a Georgia resident leaves an outright gift to a child who later dies before the parent but leaves children of their own, those grandchildren may receive the deceased child’s share under the state’s anti-lapse law.
The distribution follows the proportions that would apply if the property had passed through the deceased beneficiary under Georgia’s intestacy laws.
When should you update a Georgia will?
A beneficiary’s death is an important reason to review an estate plan. Even when Georgia’s anti-lapse statute may protect a gift, the existing will might no longer reflect your wishes.
You may want the deceased beneficiary’s share to go to someone else, or you may want to provide different instructions for the beneficiary’s descendants. In these cases, reviewing the will can help identify outdated provisions that could lead to disagreements during probate.
With the help of an estate planning legal team, you can re-examine the document to make sure that all details are as desired.