Ademption and gifts Flashcards
(4 cards)
1
Q
What happens if Specific legacy isn’t in the estate?
A
Gift adeemed - beneficiary gets nothing
2
Q
What happens if General legacy isn’t in the estate?
A
PR will use residue to buy it
3
Q
What happens if the beneficiary dies before the testator?
A
The gift will fail.
1. If an alternative isn’t named on the will it falls into the residue.
2. If the residuary gift lapses as beneficiary dies then the residuary passes through the laws of intestacy
UNLESS b’s issue is alive (go to them)
4
Q
What are the intestacy rules when no spouse and no issue?
A
- parents
- full siblings
- half siblings
- grandparents
