What happens when a beneficiary of a will cannot be identified or has died?

When a beneficiary named in a will cannot be identified or has predeceased the testator without a clear provision for what should happen in such cases, the gift lapses. This means that the specific bequest to that beneficiary will not be distributed and will become part of the residuary estate, unless the will contains alternate provisions that address this situation.

If a gift lapses, it does not result in the entire will being invalid; instead, the remainder of the estate is handled according to the directions laid out in the will or, if there are no clear directions, according to the laws of intestacy or as part of the residuary estate. Thus, the specific provision referring to the lapsed gift ceases to exist in effect, and the courts or executors do not have discretion to decide on alternate beneficiaries unless explicitly outlined in the will.

Understanding this aspect of estates law is crucial, as it emphasizes the importance of carefully drafting wills and considering contingencies for beneficiaries who might become unable to accept their gifts.