Gift over for Outright Distribution in a Residue

Gift Over Options

1) Equally among Issue of deceased beneficiary per stirpes

2) Equally among Children of deceased beneficiary per capita

3) Equally among my Issue per stirpes

4) Equally among my Children per capita

5) Gift Lapses

6) No Gift Over

Gift Over Options Detailed

1) Equally among Issue of deceased beneficiary per stirpes

If a beneficiary dies before distribution, their share is passed down to their descendants (issue) and divided equally among them according to per stirpes rules. 

2) Equally among Children of deceased beneficiary per capita

If a beneficiary dies before distribution, their share is divided equally among their surviving children on a per capita basis. Only the children of the deceased beneficiary receive a share, and grandchildren do not inherit under this option.

3) Equally among my Issue per stirpes

This option distributes the share equally among the issue (descendants) of the relevant beneficiaries according to per stirpes rules. If a beneficiary dies before distribution, their share is passed down their family line and divided among their descendants.

This option is only available when multiple beneficiaries are assigned the same priority rank, as the distribution is based on beneficiaries acting at the same level rather than in a ranked order.

4) Equally among my Children per capita

This option distributes the share equally among the children of the relevant beneficiaries on a per capita basis. If a beneficiary dies before distribution, their share is divided equally only among their surviving children.

Grandchildren do not inherit under this option; if a child of the beneficiary has also died, their share does not pass further down their line and is instead redistributed among the remaining eligible children.

This option is only available when multiple beneficiaries are assigned the same priority rank.

5) Gift Lapses

If the beneficiary does not survive to receive their share, the gift fails and is treated as lapsed. The lapsed share is not passed to descendants and instead falls back into the residue of the estate (or is redistributed according to the will’s remaining instructions, if applicable). 

This option is only available when multiple beneficiaries are assigned the same priority rank.

6) No Gift Over

If the beneficiary does not survive to receive their share, no alternative beneficiary is designated. In this case, the gift simply fails and is handled according to the estate’s default rules, typically falling back into the residue of the estate for redistribution under the will’s remaining provisions.