Substitute Beneficiary

A substitute beneficiary is the fallback recipient named in a Will in case the first-choice beneficiary dies before the testator or otherwise cannot take the gift. Naming substitutes prevents a gift from failing as a lapsed gift and stops part of the estate falling into a partial intestacy. It is one of the most effective safeguards in Will drafting.

Substitutes can be named for any gift, including the residue. Example: "I give my home to my brother, but if he does not survive me, to his daughter." Distribution rules like per stirpes and a survivorship clause work together with named substitutes to keep the estate plan robust.