Role of the ‘Gift Over’ Clause

A "gift over" clause in a will is a vital tool in Victorian estate planning, ensuring assets are passed on according to the testator's wishes, even if the primary beneficiary cannot inherit. This provision names an alternate beneficiary, preventing gifts from failing or being subject to intestacy laws. Whether through substitutionary or remainder clauses, gift over provisions offer flexibility and certainty, addressing unexpected events like a beneficiary's death or disclaimer of a gift. By carefully drafting these clauses with legal advice, testators can safeguard their intentions and minimise potential disputes, ensuring their estate is managed seamlessly and with clarity.