Lapse and Anti-Lapse

Question 1

Lapse

Answer 1

A gift to a beneficiary lapses if the beneficiary predeceases the Testator

Question 2

Anti-Lapse Statute

Answer 2

A gift to a predeceased beneficiary will not lapse but instead will go to the beneficiary’s descendants, per stirpes, if:
1. the beneficiary is a grandparent or a descendant of a grandparent of the Testator; and
2. the beneficiary is dead when the will is executed, fails to survive the Testator, or is required to be treated as predeceased by operation of law

Question 3

Opting out of anti-lapse

Answer 3

a Testator can opt out of the anti-lapse statute by a clear intention in the will

Question 4

Class Giftse u

Answer 4

if a will makes 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 the anti-lapse statute’s requirements are met

Question 5

Ademption

Answer 5

refers to what happens when a specifically bequeathed property is not in T’s estate upon death
- only applies to specific devises

if the property specified by the specific devise is not in the estate at the time of the decedent’s death, the gift adeems and nothing goes to that beneficiary for that devise

Question 6

Types of Devises

Answer 6

Specific: satisfied only by the specific/particular property

General: a devise of a specific dollar amount that is payable out of the general assets of the estate

Demonstrative devise