Full question:
if property is listed in a will as 'absolute' to a person and that person was deceased prior to the person that made the will, what happens to that property?
- Category: Wills and Estates
- Subcategory: Representation or Antilapse
- Date:
- State: South Carolina
Answer:
It depends on the wording of the Will and representation. The Will could have language that provides who is to receive the property if the named person is deceased. A residuary clause in a Will could apply if a named beneficiary is deceased and the property pass under a residuary clause. The Will could state who is to receive if a beneficiary is deceased.The law of representation could also apply depending on who the beneficiary was in relation to the deceased. If the beneficiary was a child of the deceased and the child left living issue then those living issue would receive the share of their deceased parent under the law of representation unless the Will provided otherwise. Representation could also apply to other heirs other than a child but this would need to be checked under South Carolina law.
Due to the factors of the wording of the Will and law of representation, we cannot say for sure who would receive the property. The wording needs to be reviewed. This should be done by the person who probates the Will.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
