What happens to a gift in my will if the beneficiary dies before me in Ontario?

If a beneficiary named in your will dies before you, the gift to that person generally "lapses" — it fails and falls into your residue, to be distributed according to your residuary clause. If there is no residuary clause or the entire residue fails, the lapsed gift may be distributed under intestacy rules.

There is a significant exception for gifts to children or grandchildren of the testator. Under Ontario's Succession Law Reform Act, if a gift is made to your child or grandchild and they predecease you but leave living descendants of their own, the gift does not lapse — instead, it passes to those descendants (anti-lapse rule). This applies unless your will expressly states otherwise.

The best way to prevent unintended lapse is to include clear alternate beneficiary provisions in your will. For every significant gift, name a fallback: "If [primary beneficiary] does not survive me, then to [alternate]." This removes any ambiguity and prevents the estate from defaulting to intestacy rules for the failed gift.

If a named beneficiary has already died and you have not updated your will, this is a strong trigger to do so — either with a codicil that names an alternate or a new will.