If a beneficiary of a will dies before the person who made the will, what happens to their share? Does it go to their successor, or into their estate, or will it be divided among the other beneficiaries? I am the executor of the will and the will maker no longer has the mental capacity to make a new one.
Unless there are specific instructions to the contrary the gift will fail if the beneficiary is no longer alive to receive it. The one exception is where the gift was a gift of all or part of the residuary estate (ie not given in specific gifts) to a child (or grandchild) of the person making the will; in that case the gift passes to the child’s (or grandchild’s) children. You could possibly apply to the Court of Protection for a statutory will.