RTA · Wills and Succession Act
Part 2 — Wills Interpretation and Application of Part 2
32 Where beneficiary dies before testator
because the intended beneficiary has predeceased the testator,
whether before or after the will is made, then unless the Court, in
interpreting the will, finds that the testator had a contrary intention,
the property that is the subject of the disposition must be
distributed
(a) to the alternate beneficiary, if any, of the disposition,
regardless of whether the will provides for the alternate
beneficiary to take in the specific circumstances,
(b) if clause (a) does not appl y and the deceased beneficiary
was a descendant of the testator, to the deceased
beneficiary's descendants who survive the testator, in the
same manner as if the deceased beneficiary had died
intestate without leaving a surviving spouse or adult
interdependent partner,
(c) if neither clause (a) nor ( b) applies, to the surviving
residuary beneficiaries of the testator, if any, named in the
will, in proportion to their interests, or
(d) if none of clauses (a), (b) or (c) applies, in accordance with