Hi,

The testator left his estate to his 2 children to be shared equally among them or the whole to the survivor of them. The testator passed away in 2023. Both Child 1 & Child 2 were the named executors and beneficiaries of the will. Child 1 subsequently passed away in 2024, 2 weeks before probate was granted to Child 2 who was the named person on the probate, as Child 1 didn’t want to be. Child 1 left no will, so, does their share fall under the rules of intestacy or does Child 2 inherit their share from the testators estate due to the clause/phrase “or the whole to the survivor of them”, as Child 2 survived Child 1?

Many thanks.