Beneficiary (Substitution Under s.33 Wills Act 1837)

Question 1

How does s.24 Wills Act 1837 affect when a will takes effect?

Answer 1

A will “speaks from death”, meaning it takes effect as if it was executed immediately before the testator’s death, unless a contrary intention appears.

Question 2

What happens if a beneficiary (e.g., the testator’s eldest child) dies before the testator?

Answer 2

S.24 does not apply to beneficiaries – if a will leaves an asset to the eldest child, and they die before the testator, it does not pass to the next eldest sibling.

S.33 Wills Act 1837 (as amended by s.19 Administration of Justice Act 1982) applies only to the testator’s children or remoter issue. If a child predeceases the testator, their issue can inherit in their stead.