What occurs if an advancee predeceases the intestate under common law?

When an advancee predeceases the intestate, under common law, the advancement is generally binding on the advancee's successors. This means that the property or value that was given to the advancee during the lifetime of the intestate is still considered part of their estate and will pass on to their heirs or beneficiaries. The reasoning behind this principle is that the advancee was intended to benefit from the advancement, and if they die, the benefit does not simply disappear but instead transfers to their successors, who inherit what the advancee would have been entitled to.

This principle helps establish continuity in the transfer of wealth, ensuring that heirs receive what is rightfully part of their familial legacy. The intention of the donor is typically honored by allowing the successors to retain the advantage originally afforded to the advancee.

In contrast, other options do not align with this doctrine. Nullifying the advancement would undermine the intention of the donor, dividing it among remaining heirs ignores the specific rights of the advancee's successors, and reverting the estate to the original donor disregards the transfer of interest that took place. Thus, the correct understanding of advancements in intestacy law reflects that they are binding on the advancee's successors.