When beneficiaries cant benefit

Question 1

Beneficiary is not alive

Answer 1

• If the beneficiary does not survive the testator, the gift will lapse or fail and fall into the residuary.
• However, anti-lapse statutes, the gift is saved and the beneficiary’s issue will take (if related by blood and had issue)

Question 2

Slayer Statute

Answer 2

• An individual who feloniously and intentionally kills the decedent, or who is convicted of committign abuse, neglect, or exploitation to the decedne,t forfeits all benefits with espect to the decedent’s estate.
• Voluntary manslaugher is a form of a felonious and intentional killing
• The Slayer Rule does no bar accdiental killing

Question 3

Ademption

Answer 3

• gift no longer exists
• if a specifically devised property is not in the testator’s estate when the testator dies, the bequest adeems, and thus fails.
• under many statutes, if the testator replaced the property, or if there were insurance proceeds unpaid at death, then the beneficiary would receive that in place of the property.

Question 4

Disclaimer

Answer 4

• discliamed property (property that a beneficiary does not want) will pass as if the person disclaiming had failed to survive the testator.
• an anti-lapse statute may apply; otherwise, the gift will fall into the residuary.

Question 5

Abatement

Answer 5

when the assets of an estate are insufficient to satisfy all the gifts made by someone’s will, then the gifts to the beneficiaries will be reduced (abated) in the following order:
* intestate property,
* residuary gifts,
* general gifts,
* specific gifts