Lapse, Ademption, Exoneration of Liens Flashcards
Lapse
Class Gift
It will make a gift to a class, only the class members who survive the testator takes a share of the gift, unless the will provides otherwise, or anti-lapse statue requirement is met.
Ademption
Specific Bequeath
Generally, under the docrtine of ademption, Specific Bequeath property not in the testators estate at the time of his death is adeemed and the beneficiary take nothing.
** Ademption only applies to specific devises
Example: My stock 50 Shares.
Nevada Anti-Lapse Statute
The NV Statute applies when the predeceasing beneficiary is a child or other relative of testator who leaves issues who survive T.
Will
Lien on Property
A Specific Devisee of encumbrance property is not entitled to have the encumbrance paid out of the residuary estate unless the will shows such intent.