Common Examples: 100% to spouse, and if spouse dies before me, his/her share to redistribute to child(ren)

Presuming you want to leave 100% of all your assets to your spouse, and if your spouse dies before you (or within 30 days of your passing), the assets will be redistributed to your child(ren) instead.

To achieve this, fill up the details and selections in “Update Profile” and “Appoint People” accordingly.

In the “Allocate Assets” page, you can leave all assets as “No specific allocation”, in which case they will be distributed based on the “Allocate Residual Assets” section.

Example

Under Allocate Residual Assets, allocate 100% to the spouse accordingly.

Example

In the “Select Clauses” page, leave the survivorship period as 30 days and select “Redistribute as Residual Assets” or "Still be given to him/her".

In this context, choosing either "Redistribute as Residual Assets" or "Still be given to him/her" doesn't affect the distribution to the spouse.

However, this will affect the distribution to the child(ren):

  • If both the spouse and the child(ren) dies before the Testator, if "Redistribute as Residual Assets" is chosen, the child(ren)'s share will lapse into residual which will go into a loop to ultimately be distributed based on the testator's distribution based on the Intestate Succession Act (as the distribution cannot be catered by the Will).
  • If "Still be given to him/her" is chosen, the instructions below will precede the distribution to the spouse (i.e. if the spouse dies it will still be redistributed to the child(ren). However, if the spouse and the child(ren) dies before the testator, the gifts will be given to the child(ren)'s estate, to be distributed based on the child(ren)'s Will or the child(ren)'s distribution based on the Intestate Succession Act.

Additionally, the options will affect if there are other specific gifts to other beneficiaries (e.g. a watch to a friend etc.), selecting either will affect whether the gift will be lapse into residue (e.g. in this case to be given to the spouse) or still be given to the other beneficiaries' estates. Because of this, typically people choose "Redistribute as Residual Assets".

Example

Under the “Other Instructions” section, key either of the following substitute beneficiary clauses (please edit the details accordingly) depending on whether there are more than one child to redistribute to:

If my {Relationship}, {Name}, {Identification Number/details}, dies before me, the share of my estate which he/she would otherwise be entitled to receive under this Will shall be redistributed to my {Relationship}, {Name}, {Identification Number/details}.

OR

If my {Relationship}, {Name}, {Identification Number/details}, dies before me, the share of my estate which he/she would otherwise be entitled to receive under this Will shall be redistributed in the following manner:

- XX% to my {Relationship}, {Name}, {Identification Number/details}; and

- XX% to my {Relationship}, {Name}, {Identification Number/details}.

Did this answer your question? Thanks for the feedback There was a problem submitting your feedback. Please try again later.

Still need help? Contact Us Contact Us