A will leaves £10,000 to Ned, who is eight at the time of the will. Ned dies aged 14 after the testator dies. What happens to the £10,000?

• A. It will form part of Ned's estate.
• B. It lapses and returns to the estate of the testator.
• C. It is distributed to Ned's heirs.
• D. It becomes unowned property.

Answer: (A)

The main idea is that a bequest to a named person takes effect if that person survives the testator. If they do survive, the gift is not left with the testator; it vests in the beneficiary and, on the beneficiary’s death, becomes part of that beneficiary’s estate.

Here, Ned is eight when the will is made and he survives the testator’s death. The £10,000 therefore vests in Ned. When Ned dies later, the legacy becomes an asset of Ned’s estate and is dealt with by his executors or administrators in accordance with his will or intestacy. If Ned had died before the testator, the gift would have lapsed back to the testator’s estate.