When all beneficiaries named in a will have passed away, it creates a unique set of challenges for those who must administer the estate. Under usual circumstances, the deceased's estate assets are distributed directly to each named beneficiary according to the person's will. However, a deceased beneficiary cannot inherit, and this uncommon scenario can lead to uncertainties about how the deceased’s assets should be distributed.

Understanding the legal framework and potential outcomes is essential for ensuring the estate is handled properly. As the executor of the person's will, you have a legal obligation to fulfil the terms of the will and there can be serious consequences for failing to do so. In this guide, the team at Percy Hughes & Roberts discuss the implications of executing a will where all beneficiaries are deceased and provide clear guidance on the next steps to take.

If you have any questions we have not answered, our expert Wills, Trusts & Probate solicitors are happy to speak to you regarding your query and provide the legal services you need. You can contact us by completing the enquiry form below or by calling 0151 666 9090.

What Happens if All Beneficiaries of a Will Are Dead?

When all beneficiaries named in a will die before the testator, the estate distribution process becomes more complex. Several factors determine the next steps, including the specific wording of the will and the application of intestacy laws if there are other heirs. If legacy beneficiaries have died but at least one residuary beneficiary survives, this can also create a complicated situation.

Here is an overview of what typically happens in such situations:

1. Residuary beneficiaries and charities: Many well-drafted wills include provisions for residuary beneficiaries or charities as contingent recipients. These individuals or entities inherit if the primary beneficiaries are no longer alive. Otherwise, a residuary beneficiary will only receive a portion of the residuary estate, which is the remainder of the estate once legacy gifts have been distributed. If this provision is included in the will, the estate will be distributed according to these instructions.

2. Per stirpes distribution: If the will specifies a per stirpes distribution clause, a direct descendant of the deceased beneficiary (such as any surviving children or grandchildren) inherit the share their parent would have received. This ensures the estate passes down through the family lineage. Many wills do not contain this type of clause and it is important to work with an experienced solicitor when creating your will to ensure this type of consideration is covered.

3. Intestacy rules: If the will does not include residuary beneficiaries or a per stirpes clause, and all beneficiaries have passed away, the estate will be subject to intestacy rules. Intestacy occurs when there is no valid will or when the will fails to dispose of all assets. Under intestacy, the estate is distributed according to a predetermined order of relatives defined by UK law.

4. Bona vacantia: In the rare event that there are no surviving relatives entitled to inherit under the intestacy rules, the estate becomes “bona vacantia” and passes to the Crown. The Treasury Solicitor handles the probate process and administration of such estates, although claims can be made by those who believe they have a valid entitlement.

Understanding these pathways helps to ensure the estate is managed in compliance with legal requirements and that the deceased’s wishes are honoured as closely as possible. However, preparing a valid and legally sound will is also crucial to cover all of these possibilities and make sure your final wishes are carried out.

What Is a 'Per Stirpes' Distribution?

Per stirpes is a Latin term meaning "by branch," and is used in estate planning to determine what happens if a beneficiary dies before they are able to inherit. Inserting this clause in a will ensures that if a potential beneficiary dies before the testator (the person who made the will), the beneficiary's share passes to their descendants, such as their children or grandchildren.

In a per stirpes distribution, the inheritance flows down the family tree. For example, if a testator's will specifies that their estate be divided equally among their three children, but one child predeceases them, that child's share would be distributed equally among their own children - the testator's grandchildren. This approach maintains the testator's intent to benefit that branch of the family.

Per stirpes differs from per capita distribution, where the estate is divided equally among the surviving beneficiaries in the nearest generation. If this clause is present in the will when a beneficiary dies, their share is redistributed among the surviving beneficiaries, and is not passed down to their descendants.

What Are the Rules of Intestacy?  

The rules of intestacy govern how an estate is distributed when someone dies without a valid will, or with no valid named beneficiaries. In England and Wales, these rules follow a strict hierarchy that prioritises close relatives. This hierarchy is as follows:

• Spouse/civil partner 

• Children/grandchildren 

• Parents

• Brothers and sisters

• Half-brothers and half-sisters

• Grandparents

• Uncles and aunts

Executors must understand and follow these requirements when managing the deceased’s assets. To avoid your estate being distributed according to intestacy rules, it is essential to create a valid will that includes clear provisions for substitute beneficiaries and residuary beneficiaries.

What Happens if the Estate Passes to the Crown?

When there are no beneficiaries or relatives entitled to inherit under the rules of intestacy, the estate becomes "bona vacantia," meaning it has no owner. In such cases, the estate passes to the Crown. 

The Bona Vacantia division (BVD) of the Treasury Solicitor’s department handles estates that pass to the Crown. The BVD collects assets, pays debts and taxes, and handles administrative tasks, ensuring all liabilities are settled. It then holds the remaining funds for 12 years. 

During this period, potential beneficiaries or claimants can make a claim. If no claims are made, the funds become the property of the Crown permanently.

Practical Steps to Avoid Issues

To ensure your estate is managed according to your wishes and to avoid complications, you can follow these practical steps:

• Create a valid will: Drafting a comprehensive and legally binding will is the most effective way to ensure your estate is distributed according to your wishes. Clearly specify your beneficiaries and include residuary beneficiaries to cover all potential scenarios.

• Regularly update your will: Life circumstances change, and your will should reflect these changes. Regularly review and update your will, especially after significant life events such as marriage, divorce, the birth of a child, or the death of a beneficiary.

• Use clear and precise language: Ensure your will uses clear and precise language to avoid ambiguities that could lead to disputes. Terms like "per stirpes" and "per capita" should be used correctly to ensure the intended distribution.

• Include a disaster clause/backstop provisions: A disaster clause provides a fall-back plan if all named beneficiaries and their substitutes are deceased. This could involve leaving your estate to distant relatives, friends, or charities. 

• Consult a solicitor: Working with an experienced wills and probate solicitor can help ensure your will is legally sound and covers all potential issues. A solicitor can provide guidance on complex legal terms and help you navigate the intricacies of estate planning.

• Store your will safely: Keep your will in a secure place and inform your executor and key family members where it is. Consider using a solicitor’s storage service for added security.

By taking these practical steps, you can help ensure your estate is handled smoothly and according to your wishes. Testators who do this reduce the risk of issues and disputes between family and friends after they die.

How Can Percy Hughes & Roberts Help?

Managing the distribution of an estate can be challenging, particularly when unexpected issues arise. It is essential to understand the legal routes available after the deaths of all named beneficiaries to ensure the deceased’s wishes are honoured and the estate is handled correctly.

By familiarising yourself with concepts like residuary beneficiaries, per stirpes distribution, and intestacy rules, you can better navigate these potential pitfalls.

At Percy Hughes & Roberts, our experienced Wills, Trusts, and Probate solicitors are here to support you through every stage of this process. Whether you need assistance with drafting and updating wills, managing probate, or resolving disputes, we provide expert guidance to help you navigate these challenges with confidence and clarity.

If you require legal advice in relation to the above, or need help with anything else to do with Wills, Trusts and Probate, Percy Hughes & Roberts can help. If you would like to contact one of our expert wills, trusts and probate solicitors you can do so by calling 0151 666 9090 or by completing the “Get in touch” form on this site.