What Happens If a Beneficiary Dies Before Receiving Their Inheritance in Ontario?

It depends on when the beneficiary dies, and the two situations work differently. If the beneficiary dies before the will-maker, a gift to the will-maker's child, grandchild, brother or sister who leaves a spouse or issue does not lapse unless the will shows a contrary intention, and it passes as though made directly to the people who would share that person's estate.

If the beneficiary outlives the will-maker but dies before being paid, property vested in them with no right of survivorship passes to their personal representative, so the share generally goes to their own estate unless the will imposes a survivorship condition. A survivorship clause or a gift that vests only at a later age can change the result, so read the will's wording first.

Estates are still presumed to be wrapped up within one year of death, known as the executor's year, but when an estate is not simple, the court accepts that expecting administration to finish within that year may be unreasonable. No distribution may be made from a deceased spouse's estate within six months of death unless the surviving spouse consents in writing or the court authorizes it. A lawyer can confirm how the wording applies to your situation.