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What happens to a bequest in a will if the beneficiary

Customer Question
What happens to a...

What happens to a bequest in a will if the beneficiary declines it in victoria

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 6 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/22/2017
Solicitor: Leon, Solicitor replied 6 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 6 months ago

Good Evening

If the Will has a residuary clause in it then it falls into that and it is distributed as that clause says.

If not it all depends on how the will is drafted.

If it says what happens to a share if a person has predeceased it can be applied in this case.

If these are not available it is then dealt with as if there was no will.

If you wish to have a call I can discuss this is more detail. Just elect the call and I will accept and call you.

If not I am happy to continue here.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 6 months ago
The person has not predeceased, so that is not applicableIf these are not available it is then dealt with as if there was no will.
Question I don't understand what you mean that it is dealt with as if there is no will. There are other beneficiaries
Solicitor: Leon, Solicitor replied 6 months ago

Good Evening

There are rules of intestacy.

These apply when a person does not leave a will.

It is a set of rules that are applied.

The following link sets out what the rules are.

https://www.legalaid.vic.gov.au/find-legal-answers/wills-and-estates/if-someone-dies-without-will

There is a family tree that is followed.

In the end if there is no-one left then it goes into consolidated revenue of the state government.

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Solicitor: Leon, Solicitor replied 6 months ago

It is a complex issue.

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Solicitor: Leon, Solicitor replied 6 months ago

I note you are asking the same question.

This is costing you money.

I think it may be best to elect a call and we can discuss this in detail.

I have requested you be refunded for the other questions you have asked.

Regards

Leon

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Solicitor: Leon, Solicitor replied 6 months ago

If the other beneficiaries are related they will get the gift.

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Solicitor: Leon, Solicitor replied 6 months ago

Is there anything else I can assist you with?

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