Contingent beneficiaries: who inherits if your first choice predeceases you?

A contingent beneficiary is the backup — the person who inherits if your primary choice dies before you do, or at the same time. Naming one closes the most common gap in a will.

Wills lapse on a beneficiary's death unless you've named a contingent. Without a contingent, the gift falls into your residuary estate (the catch-all) or, if there's no residuary clause, into intestate distribution — handled by provincial default rules.

Common choices: "my spouse, but if she predeceases me, our children in equal shares per stirpes." Per stirpes means a deceased child's share passes to their own children, not back to the surviving siblings.

Legalify lets you specify contingent beneficiaries on every primary gift. We strongly recommend filling them in — the most common avoidable will failure is a beneficiary who predeceased the testator with no backup.

Disclaimer: This page is for general education only and is not legal advice. Rules vary by province and change over time; speak with a qualified lawyer about your own circumstances.

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