Individual and class devises

Question 1

Class gift presumed if:

Answer 1

devisees referred to only by group label

Presumption can be rebutted

intent is to allow later-born members to share in the devise.

Question 2

Individual gift presumed if:

Answer 2

the devisees are referred to only by name and no group label is included in the devise

Question 3

If people are referred to by name and group label:

Answer 3

If both, determine whether group label is used simply to describe relationship or whether intended as class gift

Question 4

“To my surviving brothers”

Answer 4

sufficient in Florida but not under the UPC for the antilapse statute to apply

Question 5

Antilapse applies to class gifts if:

Answer 5

class gifts to grandparents or descendants of grandparents

UNLESS contrary intent expressed in will, deceased class member’s descendants take in his place

Question 6

What happens if the antilapse statute does not apply to the class gift?

Answer 6

IF antilapse does NOT apply, other class members will take deceased member’s shares

IF NO member survives, class gift lapses UNLESS decedent provided for an alternate taker

Question 7

IF specific/demonstrative/general devise fails:

Answer 7

added to residue

Question 8

IF residuary fails:

Answer 8

other residuary takers share that part

Question 9

IF ALL residuary fails:

Answer 9

residue passes by intestacy