Wills, Trusts, and Estates
A devise lapses if the if the devisee dies before the testator.
At common law, a devise is implied to be conditional upon the devisee's surviving the testator unless specified otherwise.
Know the chart on page 373, which details the process to go through when a gift lapses to find who to distribute it to:
- A gift lapses.
- Does the antilapse statute apply?
- If so, distribute it to the devisee's descendants instead.
- Else, is the gift a class gift?
- If so, reallocate it among the other class members.
- Else, is the gift specific or general? (i.e., not residual)
- If so, it is then added to the residue.
- Else, does the state follow the no-residue-of-a-residue rule?
- If so, distribute it to the decedent's heirs by intestacy.
- Else, distribute it to other residuary devisees if available.