A gift that fails because the beneficiary died before the testator.
In Islamic law
Faraid resolves this differently: entitlement is determined by who is alive at the moment of death, and the shares recalculate around the surviving heirs.
In Canadian law
Anti-lapse provisions in provincial legislation may redirect the gift to the deceased beneficiary's children instead of letting it fall into residue. The rules vary by province.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Beneficiary died before me ontario
- Buy out deceased partners estate instead of them ontario
- Executor gift lapses beneficiary predeceases
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Beneficiary died before me ontario — Treadstone Law
- Buy out deceased partners estate instead of them ontario — Treadstone Law
- Executor gift lapses beneficiary predeceases — Treadstone Law
- Wills & estates practice — Treadstone Law