Predecease Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Predecease, written in plain English, along with examples of how it is used.

What is Predecease?

v.To pass away or meet death before someone else.Ex-if my wife should predecease me, her share of property would go to a trust.

History and Meaning of Predecease

The term "predecease" has its origins in the Latin language. The word "decessor" means "to die," and "pre" means "before." Therefore, the term "predecease" means to die before another person.

In a legal context, the term refers to the situation where one person dies before another, particularly in the context of inheritance. If a person predeceases another, then their share of any assets or property would go to the next of kin or as designated in their will.

Examples of Predecease

Here are a few examples to illustrate the use of the term "predecease" in various contexts:

  • If a father passes away before his son, the son becomes the primary beneficiary of his estate.
  • A life insurance policy designates the beneficiary of the policy in the event that the policyholder predeceases them.
  • If a testator predeceases one of their beneficiaries, their share of the estate would go to the other beneficiaries.

Legal Terms Similar to Predecease

Here are a few legal terms related to "predecease":

  • Survivorship: Refers to the requirement that an individual must outlive another person to inherit assets or property.
  • Successor: Refers to the person who takes over the rights and responsibilities of another person who has died, resigned, or retired.
  • Next of kin: Refers to a person's closest living relative, who inherits their assets if there is no will or if the will doesn't designate specific beneficiaries.