Legal Question in Wills and Trusts in Pennsylvania

No the will can either name a secondary heir if the original heir predeceases the testator (the guy who wrote the will) or if the will was drafted by someone who knew what they were doing it fall to the residual clause.

{John}

When a person named in a will predeceases the person making the will (called the testator), it will depend on whether the testator named a secondary beneficiary. It might also depend on if the deceased beneficiary of the testator was a child or sibling and, if so, whether the deceased person had children of their own. f so, the gift might pass to their children under the anti-lapse statute, depending on who was named as the secondary beneficiary. Gifts will never pass to the spouse of the deceased beneficiary unless the will so provided. Lapsed gifts also may be distributed with the residue clause if the will was properly drafted.

For more on lapsed gifts, see 20 Pa.C.S.A. Section 2514 (9)-(11):

(9) Lapsed and void devises and legacies; substitution of issue.--A devise or bequest to a child or other issue of the testator or to his brother or sister or to a child of his brother or sister whether designated by name or as one of a class shall not lapse if the beneficiary shall fail to survive the testator and shall leave issue surviving the testator but shall pass to such surviving issue who shall take per stirpes the share which their deceased ancestor would have taken had he survived the testator: Provided, That such a devise or bequest to a brother or sister or to the child of a brother or sister shall lapse to the extent to which it will pass to the testator's spouse or issue as a part of the residuary estate or under the intestate laws.

(10) Lapsed and void devises and legacies; shares not in residue.--A devise or bequest not being part of the residuary estate which shall fail or be void because the beneficiary fails to survive the testator or because it is contrary to law or otherwise incapable of taking effect or which has been revoked by the testator or is undisposed of or is released or disclaimed by the beneficiary, if it shall not pass to the issue of the beneficiary under the provisions of clause (9) hereof, and if the disposition thereof shall not be otherwise expressly provided for by law, shall be included in the residuary devise or bequest, if any, contained in the will.

(11) Lapsed and void devises and legacies; shares in residue.--When a devise or bequest as described in clause (10) hereof shall be included in a residuary clause of the will and shall not be available to the issue of the devisee or legatee under the provisions of clause (9) hereof, and if the disposition shall not be otherwise expressly provided for by law, it shall pass to the other residuary devisees or legatees, if any there be, in proportion to their respective shares or interests in the residue.