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- Wills Estates Winter Term 2025 Lecture Notes – No. 15 XV . . .
lapse provisions of the statute governed the disposition of the deceased daughter’s share of the residue The effect would be that the child of the deceased daughter would take her mother’s share and still receive a portion of the residue equally with the other grandchildren of the testatrix
- In Estate Planning, what does it mean if a gift or devise lapses?
It can either be specified that upon lapse, the gift will go to some other identified person or it can provide that the gift will be devised under the “residuary” provisions–i e the “rest, residue and remainder” provisions of the Will
- What Happens if a Beneficiary Dies Before Receiving Their . . .
For instance, vague or contradictory provisions in the will regarding the redistribution of a deceased beneficiary’s share can lead to disagreements Courts may rely on extrinsic evidence, such as the testator’s past statements or actions, to determine intent
- Lapsing of a Will - LegalMatch
When a device in a will has lapsed because the intended recipient has passed away before the creator of the will has passed away, there may be a few options to pursue First, the will must be reviewed to determine if an alternative disposition or arrangement has been made
- Clarifying the Application of RSA 551:12 Anti-Lapse Statute . . .
The anti-lapse statute is a legal provision that prevents a beneficiary from being disinherited if they die before the testator (the person who made the will) Instead of the beneficiary's share lapsing, or failing, the statute allows their descendants (like children) to inherit in their place
- PastPaperHero | Interpretation of wills and failure of gifts . . .
If a gift of residue lapses (e g , the residuary beneficiary dies before the testator), the lapsed share passes under the intestacy rules unless the will contains a substitutional provision Substitutional Provisions A testator can include a clause such as "to my brother, but if he predeceases me, to his children in equal shares "
- What Does it Mean for a Will to Lapse? - Tanya Hobson-Williams
A residuary clause designates one or more people as a “residuary beneficiary,” who will receive any money or property not specifically allocated to someone else This includes any property that would otherwise lapse into intestacy, due to the intended beneficiary being deceased
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