Construction Problems Flashcards
(2 cards)
1
Q
General rules of construction
A
A will speaks at death
(1) A will is read at death and meaning is given to its words then.
(2) Facts of independent significance doctrine: A will provision that disposes of property by “reference to acts and events that have significance apart from their effect upon the dispositions made by the will” are given effect.
2
Q
When a gift fails because the beneficiary is deceased
A
One cannot give a gift to a dead person! If a beneficiary does not survive the testator, the gift to the beneficiary will lapse or fail and fall into the residuary of the estate (i.e., will be given to whom testator gave the rest and residue of his estate).
