Under the majority-rule purging statute, if a witness would benefit under the will more than they would receive under intestacy, what happens to that gift?

• A. The entire gift is invalid.
• B. The gift to that witness is purged to the extent of the excess over intestacy.
• C. The witness receives the full amount as named.
• D. The gift is left intact; rest of the will is void.

Answer: (B)

Under the majority-rule purging statute, if a beneficiary who is also a witness would receive more under the will than they would under intestacy, the excess over their intestate share is removed from that gift. In practice, the bequest is reduced so the beneficiary receives only what they would have under intestacy, and the portion above that amount is purged from the will. This keeps the gift consistent with the beneficiary’s statutory share while preserving the remainder of the estate for distribution to other beneficiaries or under intestacy rules. So the gift to the witness is purged to the extent of the excess over intestacy.