Common Example: 100% to parent, and if parent dies before me, his/her share to redistribute to sibling(s)
Presuming you want to leave 100% of all your assets to your parent, and if your parent dies before you (or within 30 days of your passing), the assets will be redistributed to your sibling(s) 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.
Under Allocate Residual Assets, allocate 100% to the parent accordingly.
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 parent.
However, this will affect the distribution to the sibling(s):
- If both the parent and the sibling(s) die before the Testator, if "Redistribute as Residual Assets" is chosen, the sibling(s)'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 parent (i.e. if the parent dies it will still be redistributed to the sibling(s). However, if the parent and the sibling(s) dies before the testator, the gifts will be given to the sibling(s)'s estate, to be distributed based on the sibling(s)'s Will or the sibling(s)'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 parent) or still be given to the other beneficiaries' estates. Because of this, typically people choose "Redistribute as Residual Assets".
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 sibling 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}.
If you want to factor in another layer of contigency whereby if any of the siblings die before you, his/her/their share shall be distributed amongst the surviving siblings, you can add in the following substitute beneficiary clause:
If ANY of the following beneficiary(s):
- my {Relationship}, {Name 1}, {Identification Number/details};
- my {Relationship}, {Name 2}, {Identification Number/details};
- my {Relationship}, {Name 3}, {Identification Number/details};
dies before me, the share of my estate which he/she/they would otherwise be entitled to receive under this Will shall be redistributed EQUALLY to the SURVIVING beneficiary(s) stated in this sentence [i.e. Name 1; Name 2; Name 3].