When making a Will, most people focus on one important question:

“Who will receive my assets after I die?”

But there is another situation that is often overlooked: what happens if the person you have named as a beneficiary dies before you?

For example, you may have left your property to your spouse, your savings to your children, or a particular asset to a family member. But what happens if one of them passes away while you are still alive?

Will their share automatically go to their children? Will it be distributed among your other beneficiaries? Or will you need to make changes to your Will?

The answer depends on the wording of your Will and the applicable law.

Who Is a Testator?

A testator is the person who makes and signs a Will, setting out how their assets should be dealt with after their death.

A beneficiary is the person or entity named in the Will to receive an asset or a share of the estate.

If a beneficiary dies before the testator, this is known as predeceasing the testator. It is important to consider this possibility when preparing your Will.

What Happens If a Beneficiary Dies Before You?

Suppose you have made a Will leaving your property to your son. Unfortunately, your son passes away before you do.

You may naturally expect that the property will automatically pass to his children. However, this does not necessarily happen automatically.

The outcome depends on the provisions of your Will and the applicable inheritance laws.

Under the UAE's civil personal-status framework for Wills, a gift under a Will generally lapses if the beneficiary dies before the testator, unless an alternative beneficiary has been specified. Other legal regimes may have different rules, so the applicable Will structure must be considered. 

This is why it is important to consider what should happen if a beneficiary is no longer alive when your estate is distributed.

What Happens to the Beneficiary's Share?

The outcome may vary depending on how your Will has been drafted and which legal framework applies.

For example, if you have left a particular asset to your daughter and she passes away before you, the gift may lapse unless your Will provides for an alternative beneficiary or the applicable law provides otherwise.

This could mean that the asset is dealt with under other provisions of your Will or in accordance with the applicable inheritance rules.

The important point is that you should not assume that the deceased beneficiary's children, spouse or other family members will automatically receive that share.

Your intentions should be clearly recorded in your Will.

Can You Name an Alternative Beneficiary?

Yes. One practical way to address this situation is to name an alternative or substitute beneficiary in your Will.

A substitute beneficiary is someone who will receive a particular asset or share if your original beneficiary dies before you, subject to the terms of the Will and applicable law.

For example, you may wish to leave your property to your daughter and specify that, if she passes away before you, the property should instead go to her children in equal shares.

Alternatively, you may wish for that share to pass to another family member or beneficiary.

By considering these possibilities when preparing your Will, you can make your intentions clearer and reduce uncertainty for your family.

What If You Have More Than One Beneficiary?

Consider a situation where you leave your estate equally to your three children.

If one child passes away before you, you may want their share to pass to their own children. Alternatively, you may want the estate to be divided equally between your surviving children.

These are two different intentions, and your Will should reflect which arrangement you prefer, to the extent permitted by the applicable law.

Without appropriate provisions, the distribution of the affected share may not happen in the way you originally expected.

What If Your Beneficiary Dies After You?

It is also important to distinguish between a beneficiary who dies before the testator and one who dies after the testator.

The legal consequences may be different.

For example, if a beneficiary survives you but passes away before completing the process of receiving their inheritance, the applicable law and circumstances will determine what happens to their entitlement.

This is another reason why the timing of a beneficiary's death and the wording of your Will can matter.

When Should You Review Your Will?

You do not need to wait until a beneficiary passes away to address this issue.

It is sensible to review your Will whenever there is a significant change in your family circumstances.

You may want to review it if:

• A beneficiary passes away.

• A beneficiary has a child.

• Your family circumstances change.

• You want to change who receives a particular asset.

• You want to name an alternative beneficiary.

• You realise that your Will does not explain what should happen if a beneficiary dies before you.

A review can help ensure that your Will continues to reflect your wishes.

Plan for Every Possibility

Making a Will is not only about deciding who should receive your assets. It is also about considering what should happen if circumstances change before your death.

By naming appropriate substitute beneficiaries and clearly recording your intentions, you can help reduce uncertainty and make the administration of your estate more straightforward for your loved ones.

At Firm Advice, we assist UAE residents and expatriates with Will drafting, beneficiary planning, Will reviews and registration.

Whether you are preparing your first Will or reviewing an existing one, we can help you consider how your assets should be distributed and what provisions may be appropriate if a beneficiary dies before you.

Your Will should reflect not only whom you want to benefit, but also what should happen if circumstances change.