DET Grant Practice Test

If the predeceased beneficiary has no descendants, what happens to the lapsed gift under UPC?

It passes to the residuary estate It passes to the predeceased beneficiary's estate It lapses entirely It passes to the testator's heirs

Correct Answer:

It passes to the residuary estate

Explanation:

Under UPC, when a bequest is made to someone who dies before the testator, the gift may lapse. The anti-lapse rule would keep the gift alive only if the predeceased beneficiary has surviving descendants who can take. If there are no descendants, there’s no one to take under anti-lapse, so the intended gift does not pass to the beneficiary’s estate. Instead, it vests in the testator’s residuary estate and is distributed according to the will’s residuary provision (or, if there’s no residuary clause, by the applicable intestacy rules). That is why the lapsed gift goes to the residuary estate.

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