Under common law, if a general devise lapses, where does the gift go?

Unlock all questions

This demo includes only 20 questions. Upgrade to access hundreds of questions, flashcards, exam simulations, and disable ads.

Full question bankExam simulationsFlashcards
From $24.99Unlock all

Prepare for the DET Grant Test with our comprehensive quiz. Enhance your study using flashcards and multiple choice questions, each question providing hints and detailed explanations to ensure success on your exam!

Multiple Choice

Under common law, if a general devise lapses, where does the gift go?

Explanation:
When a named beneficiary for a general gift dies before the testator, the gift doesn’t pass to anyone else named in the will. It is absorbed into the residuary portion of the estate—the part not disposed of by specific or general gifts. The residuary estate is then distributed according to the will’s residuary clause (or, if none exists, by applicable intestate rules). So the place the lapsed gift goes is the residue.

When a named beneficiary for a general gift dies before the testator, the gift doesn’t pass to anyone else named in the will. It is absorbed into the residuary portion of the estate—the part not disposed of by specific or general gifts. The residuary estate is then distributed according to the will’s residuary clause (or, if none exists, by applicable intestate rules). So the place the lapsed gift goes is the residue.

More Multiple Choice Questions
Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy