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Partial intestacy and lapsed gifts

Where a will does not distribute all of a deceased person's estate, that person is said to have died partially intestate. The part of their estate that is not disposed of under their will is divided according to the law of intestacy. See Distribution of an intestate estate.

Where a beneficiary who is not a child of the testator dies before the testator and the deceased beneficiary's interest in the estate was a specific gift, the gift lapses and becomes part of the residuary estate. Where the deceased beneficiary's interest in the estate was a share of the residuary estate, the share must be distributed according to the law of intestacy.

If the deceased beneficiary was a child or a grandchild of the testator, the gift or share does not necessarily lapse if the deceased beneficiary has a child or children living at the date the testator's death. In this situation, unless a contrary intention appears in the will, the gift or share would pass to and be distributed according to the deceased beneficiary's estate. It would not necessarily pass to that deceased beneficiary's children [Succession Act 2023 (SA) s 31].

Partial intestacy and lapsed gifts  :  Last Revised: Mon Dec 30th 2024
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