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Ruling 2729

If a person makes a will that something is to be given to a particular beneficiary, it is not necessary that the beneficiary be alive at the time the will was made. Therefore, if the beneficiary is alive after the testator’s death, it is necessary that the thing be given to him. If, however, the beneficiary is not alive after the death of the testator, then, if it can be construed from the will that the thing can be used in other ways, it must be used in a way that is nearest to the testator’s original intention; otherwise, the heirs can share it among themselves. However, if a person makes a will that something from his property is to be owned by a particular beneficiary after his death and that beneficiary is alive at the time of the testator’s death – albeit as a foetus into which the soul has not yet entered – the will is valid; otherwise, it is void, and the heirs will share what was bequeathed among themselves.