substitutional legacy

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A legacy that (1) passes to descendants of a beneficiary who is named in a will if this beneficiary has predeceased the testator or (2) passes to other persons by express provisions in the will (e.g. a legacy of £10,000 to A but if he predeceases then to B). Section 33 of the Wills Act 1837 provides for automatic substitution where property is gifted by will to a child or remoter issue of the testator (subject to contrary intention being expressed in the will). If there is no substitutional legacy and s 33 does not apply, the legacy lapses. See also representation.

Subjects: Law.

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