Anti-Lapse Flashcards
generally what happens if a B predeceases the T
the gift lapses and goes to the RESIDUARY CLAUSE
In IL what must whom must B be for anti-lapse staute to apply
DESCENDANT of T
- child or grandchild of T
whom does descendant need to be for anti-lapse statute to apply
DESCENDANT OF T
what does the words “if he survives me” mean for anti-lapse
conditions the gift and makes anti-lapse not apply
what is the surviving residuarary beneifcary rule
where the residuary estate is devised to 2 or more ppl and gift to 1 of them lapses the surviving residuary B takes the ENTIRE RESIDUARY estate, in proportion to their interests of the residue
class gift anti-lapse
if gift by will of class (ex: brothers, sisters etc) f a member of the class predeceases the T CLASS MEMBERS WHO SURVIVE THE T TAKE the share and split ti
x/c to class gift where one predeceased
if descendant of T then does not lapse to the class but to the descendants descendants
when is a class closed (rule of convenience )
class is closed, meaning later born members do not share in gift, WHEN SOME OF THE MEMBER IS ENTITLED TO A DISTRIBUTION
x/c to class closed (born after)
if person is in utero at time of death, then they get in class
- 280 days from conception to birth
which rule does IL follow for the deaths in quick sucession
UNIFORM SIMULTANEOUS DEATH ACT
what is the USDA say about quick sucessions
property depends on order of deaths and there is NO SUFFICIENT EVIDENCE that the persons have died otherwise than simultaneously, THE PROPERTY OF EACH PASSES AS THROUGH HE OR SHE SURVIVED
does IL follow the 120 rule for death of quick succession
NO
- just need “SUFFICIENT EVIDENCE THAT SURVIVED”
