Changes to People

Question 1

Lapse

Answer 1

A gift lapses when a beneficiary predeceases the testator

Step 1: classfyin the gift

Question 2

How gifts lapse

Answer 2

• Specifc, general, demonostrative gifts that lapse fall into the residuary
• Residuary gifts that lapse fall outside the will and pass by intestacy

Question 3

PA Anti-Lapse Statute

Answer 3

• Statute ONLY operates if testator’s spouse or children would not take the property by virtue of the reside clause or intestacy
  
  • translation: statute does not apply if the gift would go to SS and/or children
• APPLICATION OF THE STATUTE
  
  • Gifts that would have lapse, will not and will be saved for the issue of beneficiary, per stirpes, if beneciary was:
    
    • Issue of the testator
    • Sibling of testator or
    • Issue of sibling
  *

Question 4

Simultaneous Death

Answer 4

• If cannot determine if simultaneously:
  
  • the property of each decedent shall be disposed of as if s/he survived his beneficiary

Question 5

How long must a beneficiary survive in order to take under the will?

Answer 5

5 days

Question 6

Slayer Statute

Answer 6

• No person who participates, either as a principal or as an accessory before the fact,
• in the willful and unlawful killing of any other person
• shall in any way acquire any property or receive any benefit as the result of the death of the decedent

Result:

• Slayer shall be deemed as predeceasing the decedent, and the property skips the slayer