Under antilapse, a predeceased beneficiary who leaves a descendant will have that descendant take the predeceased share.

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Multiple Choice

Under antilapse, a predeceased beneficiary who leaves a descendant will have that descendant take the predeceased share.

Explanation:
Anti-lapse kicks in when a named beneficiary dies before the testator but leaves descendants who survive. Instead of the gift failing, the descendants take the share that would have gone to the predeceased beneficiary, usually by representation (per stirpes). This keeps the gift within the family line and aligns with the testator’s likely intent to provide for that beneficiary’s offspring. So, in this scenario, because the predeceased beneficiary left a descendant, that descendant would receive the predeceased share. The residuary would come into play only if anti-lapse doesn’t apply or no eligible descendants exist, but with a surviving descendant, the gift goes to them under the anti-lapse rule.

Anti-lapse kicks in when a named beneficiary dies before the testator but leaves descendants who survive. Instead of the gift failing, the descendants take the share that would have gone to the predeceased beneficiary, usually by representation (per stirpes). This keeps the gift within the family line and aligns with the testator’s likely intent to provide for that beneficiary’s offspring. So, in this scenario, because the predeceased beneficiary left a descendant, that descendant would receive the predeceased share. The residuary would come into play only if anti-lapse doesn’t apply or no eligible descendants exist, but with a surviving descendant, the gift goes to them under the anti-lapse rule.

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