AL Bar Practice Questions - Alabama Bar Examination Exam

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A testator's validly executed Alabama will leaves '$10,000 to my friend Sam.' Before the testator dies, Sam dies. The will has no provision for this situation and Sam is not related to the testator. Under the Alabama anti-lapse statute, what happens to the gift?

It passes to Sam's estate automatically It passes to the testator's spouse The gift lapses and falls into the residuary estate, because Alabama's anti-lapse statute protects only certain relatives of the testator The entire will is invalidated

Correct Answer:

The gift lapses and falls into the residuary estate, because Alabama's anti-lapse statute protects only certain relatives of the testator

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