What happens if the named beneficiary dies before the decedent?
Generally a will provides a condition of survivorship in order to inherit. If that requirement exists, the gift to that beneficiary generally lapses. If there is no condition of survivorship, the gift however may pass to the children of the deceased beneficiary under the Virginia Anti-Lapse Statute. Section 64.1-64.1, Code of Virginia (1950), as amended. The interpretation of this statute also requires advice of an estate administration attorney. In intestacy the same rules would apply and the advice of counsel is strongly recommended.
