Who Inherits if a Beneficiary Dies Before the Testator in Richmond, VA?

Mary, a Richmond resident, established her estate plan five years ago, believing everything was in order. Her will outlined her wishes, with her brother, Thomas, set to inherit a significant portion of her estate. No one could have anticipated that Thomas would pass away unexpectedly before Mary in a tragic accident. When Mary died a few years later, her family faced surprising and avoidable legal issues. “Who inherits if a beneficiary dies?” they wondered.

Thoughts about what would happen to the share of Mary’s estate she originally intended for Thomas swirled through their minds. Would it go to his children? Would the entire estate be redistributed among other heirs? Or would Virginia state law dictate a completely different outcome?

This real-world challenge illustrates why estate planning is much more than creating a document and tucking it into a drawer. As a skilled attorney knows, it requires foresight, adaptability, and professional guidance. At PJI Law, we understand the nuances of Virginia’s estate laws and provide individual attention and personalized legal services to protect your wishes and shield your family from confusion during difficult times.

This blog, from a wills and probate lawyer, explores how the Commonwealth of Virginia determines the outcome in cases like Mary’s — situations where a named beneficiary predeceases the testator (the person who made the will).

Continue reading to learn more, then contact our estate planning law firm at (804) 653-3450 for personalized service and attention.

Who inherits if a beneficiary?

What Constitutes a Legally Valid Will in Virginia?

As a reputable estate planning and estate administration law firm in Richmond, we cannot overemphasize the importance of establishing a legally enforceable will. It honors your final wishes and simplifies and expedites the estate administration process for your family members and other loved ones.

Before we address the issue of beneficiaries dying before testators, let’s review the requirements that make a will a valid legal document in Virginia.

The Code of Virginia specifies the following criteria:

  1. Age and Capacity: The testator must be at least 18 years old and of sound mind, meaning they understand the aspects and consequences of making a will.
  2. Written: A will must be written in either ink or typewritten. Virginia does not recognize oral wills.
  3. Signature: The testator must sign the document at the end of its contents. If the testator cannot sign the will, another person can sign it on their behalf. However, they must sign it in the presence of the testator and at their direction.
  4. Personal Representative/Executor: In the will, the testator can designate a personal representative, also known as an executor, to handle the estate administration and probate process upon their death. A probate lawyer can recommend the right individual for this role.
  5. Witnesses: Two disinterested and competent witnesses must attest to the testator’s signature by signing the will in their presence.
  6. Intent: The testator must intend that this legal document serve as their last will and testament.
  7. Voluntary: The testator must create the will voluntarily without undue influence, coercion, or duress.

Benefits of creating a will

Keep in mind that a will must undergo a public probate process as part of the deceased’s estate administration. During this time, the personal representative/executor designated in the will is responsible for paying debts and any tax obligations owed by the deceased before they can distribute assets to the primary beneficiary and other named heirs.

For more information, we invite you to read our blog, What Does It Mean to Be an Executor of Estate in Richmond, Virginia?

Who inherits if a beneficiary dies?

What Happens When a Beneficiary Dies Before the Testator?

Under state law, if a beneficiary dies before the testator, several possibilities determine what happens to the intended inheritance. These outcomes depend on critical factors, including how the will is written, whether it names alternate beneficiaries, and how the specific provisions of Virginia’s law concerning an estate apply.

Understanding the “Lapse” Rule in Virginia

If Mary’s will simply named Thomas as a primary beneficiary without additional instructions about what to do if Thomas predeceased her, the legal principle of “lapse” would apply. The term “lapse” simply means the gift intended for the deceased beneficiary fails, or “lapses.” When this occurs, the intended gift typically becomes part of the residuary estate, which is then distributed according to the terms of the will or, in some cases, according to Virginia’s intestacy laws.

To learn more, we invite you to read our blog, The Disadvantages of Dying with No Will in Virginia.

However, Virginia has a layer of protection for certain beneficiaries in the form of its anti-lapse statute.

Virginia’s Anti-Lapse Statute

Virginia Code § 64.2-418 states that if a deceased beneficiary was a relative of the testator — specifically, a descendant, ancestor, sibling, or descendant of a sibling — the gift will pass to the deceased beneficiary’s descendants unless a will clearly states otherwise. For example, if Mary named Thomas as her primary beneficiary and he had children, his share would automatically pass to his kids unless Mary explicitly wrote a clause dictating otherwise.

This statute keeps family assets within the family circle unless the testator’s will expresses a desire for a different arrangement. It’s a thoughtful approach, but it also highlights the importance of updating your will to account for changes in family dynamics over time.

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Real-World Implications

Returning to Mary’s story, if Thomas had two children, Virginia’s anti-lapse statute could direct an equal division of Thomas’s share between his children. However, Mary’s family could still face complications if her will included ambiguous language or failed to anticipate this possibility.

For example:

  1. No Alternate Beneficiary Named – If Mary made no mention of an alternate beneficiary, the outcome could rely entirely on the anti-lapse statute or result in the lapsed gift being distributed to other residuary beneficiaries (if any exist).
  2. Conflicting Terms in the Will – If Mary had contradicting clauses in her will or used vague terms like “all my relatives” without listing names, the case could end up in probate court, requiring judicial interpretation.
  3. Intestate Succession Risks – If the residuary estate’s beneficiary had also predeceased Mary, portions of her estate might be distributed according to Virginia’s rules for intestate succession — a result Mary likely tried to avoid.

Consulting legal counsel in Richmond, Virginia to establish a comprehensive will and updating your will regularly as life circumstances change will help you avoid these unwanted outcomes.

Virginia Estate Planning

Virginia Estate Planning is an Ongoing Process, Not a Once in a Lifetime Activity

At PJI Law, we often meet clients who created their wills ten or twenty years ago when their lives looked very different. Their families grew, relationships evolved, and loved ones passed away. Yet, their estate plans remained frozen in time. Mary’s situation could have been avoided with a quick, proactive update to her planning documents.

Periodic reviews and revisions to your Virginia estate plan are essential for many reasons:

  • Family Changes: Births, deaths, marriages, and divorces can significantly change how you want to allocate your assets.
  • Life Stage Milestones: If your children are now adults or your grandchildren are born post-document creation, your priorities may shift.
  • State Law Updates: Virginia’s estate planning laws evolve. Staying in compliance with current law keeps your will enforceable and efficient.
  • Avoid Family Disputes: Ambiguities in a will often lead to rifts between family members. Clear, updated plans eliminate confusion and reduce tension.

When you consult an estate planning attorney from our law firm, we will handle these updates with professionalism and care, always focused on your specific situation and what serves your best interest.

Proactive Solutions to Avoid Lapse Issues

To align your estate plan with your true intentions — even in unforeseen circumstances — consider implementing the following:

Naming Contingent Beneficiaries

Always include contingent beneficiaries in your will. If Mary’s will had stated, “If Thomas predeceases me, his share shall pass to his children equally,” her family might have avoided confusion altogether. Naming backup beneficiaries provides clarity and reduces reliance on Virginia’s intestate succession law.

Including Residuary Clauses

A residuary clause specifies who should inherit the remaining portions of your estate after the distribution of all specific bequests. For example, “I leave the residue of my estate to my niece, Hannah, if Thomas predeceases me” directs unallocated assets as intended.

Drafting Testamentary Trusts

For clients with multiple beneficiaries or minor children, establishing a testamentary trust can facilitate the smooth management of assets after their passing. Created through wills, testamentary trusts take effect after the grantor’s (the person creating the trust) death, allowing them to designate the allocation of funds, provide for minors, and avoid leaving potentially large inheritances directly to those who may be unprepared for financial responsibility.

For example, the grantor can stipulate that their beneficiaries can only receive assets under a specific situation, such as turning 21 years of age. Testamentary trusts offer many benefits, such as giving the grantor control of when and how their heirs receive assets and enabling the grantor to name a trustee to handle trust administration and manage assets until their beneficiaries can claim their inheritance.

However, unlike other types of trusts, a testamentary trust must undergo the public probate process where the contents of the trust and the decedent’s assets become a matter of public record. There may also be significant court costs to administer a testamentary trust.

Leveraging Professional Legal Assistance

Every family’s needs and financial goals are unique. That’s why PJI Law focuses on personalized, detail-oriented estate planning that upholds your desires, protects your legacy, and accounts for future uncertainties. Our estate planning and probate law firm has helped Richmond families prevent the very issues we discuss here.

Special Considerations in Complex Situations

Estate planning is not one-size-fits-all. Our law firm recognizes that some circumstances require advanced solutions:

  • Blended Families: Estate planning for blended families requires clarification of your inheritance intentions in situations involving stepchildren, half-siblings, or second marriages.
  • Small Business Owners: For small business owners, business succession planning must be part of their estate planning. Our attorneys help business owners design plans for who will inherit or manage their business if they become incapacitated or pass away.
  • Heirlooms and Personal Property: We assist clients in deciding who will receive sentimental items to prevent disputes among surviving family members.

Our legal services anticipate and address these intricate scenarios with tailored advice and strategies.

Building a Legacy with PJI Law

The attorneys and staff at PJI Law understand that estate planning is not merely transactional — it’s relational. We pride ourselves on forming lifelong partnerships with our clients, serving as a trusted part of their family’s estate planning team. Our legal services prioritize clear and timely communication, so you never have to wonder about the progress of your estate plan or worry that your loved ones will be left with unanswered questions.

Consider the peace of mind you’ll feel knowing your wishes are crystal clear, your family’s future is secure, and someone is there to guide your loved ones through the probate process when the time comes.

Contact PJI Law in Richmond, Virginia to Discover How Our Attorneys and Staff Can Help with All Aspects of Estate Planning

Have you been searching for “estate law firms near me?”

With the guidance of our Virginia estate planning attorneys, estate planning doesn’t have to be overwhelming. Whether you’re creating your will for the first time or revisiting years-old documents, we’re here to help. By working together, we’ll establish a plan that reflects your values, protects your family, and addresses uncertainties like the possibility of a beneficiary dying before you.

Contact PJI Law at (804) 653-3450 or complete our online form to schedule a consultation for personalized service and attention.

Copyright © 2025. PJI Law, PLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

PJI Law, PLC
4108 E Parham Rd,
Richmond, VA 23228
(804) 653-3450
https://www.pjilaw.com/

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