Anti-Lapse

Question 1

generally what happens if a B predeceases the T

Answer 1

the gift lapses and goes to the RESIDUARY CLAUSE

Question 2

In IL what must whom must B be for anti-lapse staute to apply

Answer 2

DESCENDANT of T

- child or grandchild of T

Question 3

whom does descendant need to be for anti-lapse statute to apply

Answer 3

DESCENDANT OF T

Question 4

what does the words “if he survives me” mean for anti-lapse

Answer 4

conditions the gift and makes anti-lapse not apply

Question 5

what is the surviving residuarary beneifcary rule

Answer 5

where the residuary estate is devised to 2 or more ppl and gift to 1 of them lapses the surviving residuary B takes the ENTIRE RESIDUARY estate, in proportion to their interests of the residue

Question 6

class gift anti-lapse

Answer 6

if gift by will of class (ex: brothers, sisters etc) f a member of the class predeceases the T CLASS MEMBERS WHO SURVIVE THE T TAKE the share and split ti

Question 7

x/c to class gift where one predeceased

Answer 7

if descendant of T then does not lapse to the class but to the descendants descendants

Question 8

when is a class closed (rule of convenience )

Answer 8

class is closed, meaning later born members do not share in gift, WHEN SOME OF THE MEMBER IS ENTITLED TO A DISTRIBUTION

Question 9

x/c to class closed (born after)

Answer 9

if person is in utero at time of death, then they get in class
- 280 days from conception to birth

Question 10

which rule does IL follow for the deaths in quick sucession

Answer 10

UNIFORM SIMULTANEOUS DEATH ACT

Question 11

what is the USDA say about quick sucessions

Answer 11

property depends on order of deaths and there is NO SUFFICIENT EVIDENCE that the persons have died otherwise than simultaneously, THE PROPERTY OF EACH PASSES AS THROUGH HE OR SHE SURVIVED

Question 12

does IL follow the 120 rule for death of quick succession

Answer 12

NO

- just need “SUFFICIENT EVIDENCE THAT SURVIVED”