Will Beneficiary Died During Testator's Lifetime

Question 1

Lapse

Answer 1

When beneficiary predeceases testator = gift fails.

Lapsed gift will go to residuary estate, UNLESS SAVED BY ANTI-LAPSE

Question 2

Anti-Lapse (UPC)

Answer 2

Applies when predeacing beneficiary was a grandparent, or descendent of a grandparent of the testator.

predeceasing beneficiary must have left descendent who survives testator.

Anti-Lapse doesn’t apply if gift fails because condition.

120 hour applies

Question 3

Lapse in Residuary Estate (Surviving Residuary Beneficiaries Rule)

Answer 3

Will devises residuary to two or more beneficiaries and one predeceases testator (and anti-lapse does not apply) at:

Common Law: deceased share will past through intestacy.

Modernly: Allows survivor to divide share in proportion of their interest.

Question 4

Class Gifts Rule of Construction

Answer 4

If class member predeceases testator, class assumes shares.

if given individually and predeceases = lapse.

if given as a group and someone predeceases = no lapse

Question 5

Rule of Convenience for Class Gifts

Answer 5

Determines when class closes; subject to Gestation Period (280 days) from conception to birth.