Legal Question in Wills and Trusts in New Zealand (Aotearoa)

Re: executor

At the moment of death the entire estate of the deceased passes to the appointed executor to hold and distribute in accordance with the will. This duty is not effected by the subsequent death of a beneficiary before payment of a legacy. The entitlement arises on the death of the testator and in the event of death will pass into the beneficiaries estate for distribution in accordance with his or her will or intestacy.

Thus in the circumstances you descibe, and providing the second beneficiary died after the person making the gift, the beneficial entitlements will not be affected. However if this second beneficiary died prior to the death of the testator, the gift would lapse and fall into residue.

Andrew Dutton

Legal-Zone