Beneficiary Dies During Testator's Lifetime Flashcards
What is an anti-lapse statute?
Statute that will save a gift if the beneficiary dies before testator dies.
What is the IL anti-lapse statute?
Only applies when the predeceasing beneficiary was a child or other decedent of the testator.
Tim’s will devised Blueacre to his son Sam, and his residuary estate to his wife Lois. Sam predeceased Tim, leaving a child (Junior) who survives Tim. Sam left a will leaving all his property to his wife Sarah. Time dies two months. Who takes Blueacre?
In IL, Junior. Can’t leave gifts to wife, only way to trigger the anti-lapse statute if the gift was made to a child of the testator, and has a child to take his place.
What are the two elements that must be present before the statute applies?
- The predeceasing beneficiary must have been in the prescribed degree of relationship to the testator AND
- Must have left descendants who survived the testator
What if the beneficiary named a dead person at the time of the will? What is this type of gift?
This is a void gift. Anti-lapse statutes apply to void gifts as well
T’s will bequeaths “my residuary estate in equal shares to my nephew Hobie, my friend Bill, and my daughter May”. Hobie predeceases T, leaving a child behind. T, a widow is survived by Hobie Jr, Bill and Mary. Who takes the residuary estate?
Bill and Mary, because Hobie Jr. was not a decedent of T
What is the IL (and majority) rule regarding the surviving residuary beneficiaries
If residuary estate is devised to two or more persons and gift to one of them lapses or fails, the surviving residuary beneficiaries take the entire residuary estate in proportion to their interests in the residue.
What if May dies before T, and leaves a child behind?
Apply the anti-lapse statute, May’s daughter takes in place of May, since she’s the grandchild
Which statute trumps the other if both applicable, anti-lapse or surviving residuary beneficiary?
Anti-lapse statute wins
What is the class gift rule of construction?
In a gift by will to a class of persons if a member of the class predeceases the testator, Class members who survive the testator take. Class closes when testator dies.
Ted’s will devises blackacre “to the children of my good friend Joe” and his residuary estate to his wife Rose. When the will is executed, Joe has two children A and B. After the will is executed but before T’s death, another kid is born to Joe. A dies, leaving a A Jr. T dies. Who takes Blackacre?
Bill and Carl take 1/2 each.
What if T names beneficiaries specifically in his will (A,B, &C)
Same, A’s share would fall into residuary and split between B&C, because T gave to his friend, no anti lapse statute.
What is the rule of convenience?
Means that class is closed when some member is entitled to a distribution. THis is done to determine the minimum share of each class member, so a distribution can be made without the necessity of rebate.
What is the rule for simultaneous deaths?
IL uses Uniform Simultaneous Death Act which states that if there is no sufficient evidence that the persons have died other than at the same time, the property of each passes as though he or she survived
Mom and Sonny, riding in a car, are hit broadside by a train. Both die instantly, mother died intestate. For purposes of distributing Mom’s estate, is Sonny an heir?
No, its as though Sonny predeceases him.
