The answer to this question depends on whether the beneficiary is receiving a portion of your estate, or a gift. We have laid out the different sequences for the various options that are listed in the Safewill Estate module, so make sure you understand the choice you are making and feel free to get in touch! 

Estate beneficiaries

If you select the "My partner" option: If you leave your estate to your partner, and they predecease you, their share will be split equally between your children. If you have no children, your estate will pass to your next of kin in line with intestacy laws in the state in which you are living. If you have no statutory next of kin remaining, then your estate will go to a charity or charities that your executor chooses in their absolute discretion.

If you select the "My children" Option: If you leave your estate to be equally split between your children, and one of them predeceases you, their share will go to their children, or if they have no children, back to your estate to be split amongst your remaining beneficiaries. If none of your beneficiaries survive you and none of them have any children, your estate will pass to your next of kin in line with intestacy laws in the state in which you are living. If you have no statutory next of kin remaining, then your estate will go to a charity or charities that your executor chooses in their absolute discretion.

If you choose other, and leave to one beneficiary: If your estate beneficiary dies before you, and they have children, their share will be inherited by their children. If they have no living children, your estate will pass to your next of kin in line with intestacy laws in the state in which you are living. If you have no statutory next of kin remaining, then your estate will go to a charity or charities that your executor chooses in their absolute discretion.

If you choose other, and leave your estate to multiple beneficiaries: if one of your beneficiaries passes away before you and they have living children, their share will be split amongst their children. If they have no children, their share will revert back to your estate to be split amongst your remaining beneficiaries. If none of your beneficiaries survive you and none of them have any children, your estate will pass to your next of kin in line with intestacy laws in the state in which you are living. If you have no statutory next of kin remaining, then your estate will go to a charity or charities that your executor chooses in their absolute discretion.

Gift beneficiaries

If your gift beneficiary dies before you, and they have children, then their children will inherit their gift equally once they have turned 18. If they are already over 18 years old, then they will inherit the gift directly.

If your beneficiary has no children, then the gift will form part of your residual estate.

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