Will - Beneficiary Dies During Testator's Lifetime

Question 1

When does the MA “anti-lapse statute” save the gift?

Answer 1

*When a will beneficiary predeceases the testator, the gift lapse (fails) (can’t make gift to dead person) UNLESS the gift is saved by the anti-lapse statute.

MA statute applied if the predeceasing beneficiary was a grandparent OR a descendant of a grandparent of the testator.

Two Requirements: Deceased beneficiary:

(1) Must have been within the scope of the statute, and
(2) Must have left descendants who survived testator.

Question 2

What is the deceased beneficiary had no descendants left (meaning the anti-lapse does not apply, who take?

Answer 2

If a bequest lapses and the anti-lapse statute does not apply, the lapsed gift falls into the residuary estate and passes under the will’s residuary clause.

Question 3

What is the “surviving residuary beneficiaries” rule? (Lapse in the residuary gift)

Answer 3

MA Statute: If residuary estate is devised to two or more persons and gift to one of them lapses or fails for any other reasons, surviving residuary beneficiaries take the entire residuary state, in proportion to their interest in the residue (absent contrary will provision).

Note: The Anti-lase statue TRUMPS the “suriving residuary beneficiaries rule” if the predeceasing beneficiary (i) was related to the testator and (ii) left descendants who survived the testator.

Question 4

What is the “class gift” rule of construction?

Answer 4

In a gift by will to a class of person, if a class member predeceased the T, class members who survive T take. (Rationale: T only wanted this group to take)

Rule of convenience: Class closes when some class member is entitled to a distribution.

Question 5

Does the anti-lapse statute applies to nonprobate transfers?

Answer 5

Yes in MA and also applies to certain future interest in trust. [Unlike most states]

MA: All future interest in trusts are contingent on the beneficiary’s surviving the distribution date. If the beneficiary dies before distribution date leaving descendants, his descendates who are living on the distribution date are substitutes as beneficiaries.