Under UPC anti-lapse provisions, if the predeceased beneficiary has no descendants, what happens to the lapsed gift?

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Multiple Choice

Under UPC anti-lapse provisions, if the predeceased beneficiary has no descendants, what happens to the lapsed gift?

Explanation:
Under UPC anti-lapse rules, gifts are preserved by substituting the predeceased beneficiary’s descendants if there are any. The crucial point is that there must be issue of the predeceased beneficiary for a substitution to occur. If there are no descendants, the anti-lapse provision doesn’t apply, so the lapsed gift doesn’t pass to other named beneficiaries or to the executor. Instead, it falls back into the residuary estate and will be distributed according to the will’s residuary provisions (or by intestate rules if there is no residuary clause).

Under UPC anti-lapse rules, gifts are preserved by substituting the predeceased beneficiary’s descendants if there are any. The crucial point is that there must be issue of the predeceased beneficiary for a substitution to occur. If there are no descendants, the anti-lapse provision doesn’t apply, so the lapsed gift doesn’t pass to other named beneficiaries or to the executor. Instead, it falls back into the residuary estate and will be distributed according to the will’s residuary provisions (or by intestate rules if there is no residuary clause).

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