Lapse & Anti-Lapse

Question 1

A gift lapses when:

Answer 1

A devisee dies before the testator and there was a gift that was left to them

Question 2

CL of Lapse: What happens to a gift that is a specific or general devise?

Answer 2

It falls into the residue

Question 3

CL of Lapse: What happens to a gift that is a residuary devise?

Answer 3

Heirs of the testator will take by intestacy. If there is only one share, no-residue-of-a-residue rule applies

Question 4

CL of Lapse: What happens to a gift that is a class gift?

Answer 4

Surviving members of the class divide the gift

Question 5

“I give my Tesla to Todd” is an example of a _____ devise

Answer 5

specific

Question 6

“I give $5000 to Marissa” is an example of a ____ devise

Answer 6

general

Question 7

A demosture gift shares the quality of a ____ and ___ gift

Answer 7

specific and general

Question 8

CL of Lapse: What happens if the devisee is a void devise such as a dog or plants?

Answer 8

The devise is void and the CL rules of lapse apply

Question 9

Why is “I give $5000 to Marissa” is an example of a general devise?

Answer 9

Because there is no particular source from where it is to be paid

Question 10

In the no residue of a residue rule, if the testator left a residual estate to two or more beneficiaries and 1 of them ___ the testator, their share will pass through ____

Answer 10

predeceased

intestacy

Question 11

A “residuary” is the ____ of an estate not ____ devised

Answer 11

remainder

specifically

Question 12

An anti-lapse statute prevents lapse of failure of gifts by ____ the gift to a ____ beneficiary

Answer 12

disposing of/giving

substituted