Legal Question in Wills and Trusts in Canada
Alternative Residuary Beneficiaries
I was recently contacted by a gentleman stating he was the executor of my aunt and uncles estate.
He requested my address and that he would be contacting me by mail to further discuss and update me on the probate of their wills. He had mentioned that myself as well as my brother and sister were mentioned in the will. My aunt and uncle had no family surviving.
The letter I recieved from the executor states,'' I am a Alternative Residuary Beneficiarie'', what does this mean ?
Thank you for your time.
1 Answer from Attorneys
Re: Alternative Residuary Beneficiaries
The expression "Alternative Residuary Beneficiary" is an odd one. What is probably meant is that you are a contingent beneficiary, meaning that you will only inherit if some event (the contigency) occurs. A likely contingency is your parents predeceasing you. Thus the Will may say that something is being left to your parents, but if they have predeceased the testator (testator is the person who made the Will, in this case your aunt or uncle) then what would have gone to your parents will go to you and your siblings instead. CAUTION... be very careful about giving out personal information unless you are sure about who you are talking to.
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