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2 Cards in this Set
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Lapse in Residuary Gift
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At common law, the “no residue of a residue” rule applied pursuant to which the lapsed residuary fits passed under the laws of intestacy to the testator’s heirs.
b. Ohio statutory rule now states: if (1) the residue is left to 2 or more devisees; (2) one of them predeceases testator; and (3) the gift is not saved by the anti-lapse statute (ie., predeceasing residuary beneficiary is a relative of testator and left decendants), then the surviving residuary beneficiaries take the deceased beneficiary’s share of the residuary estate in proportion to their interests in the residue. |
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Beneficiary Dead When Will Executed—Void Gift
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If a will makes a gift to a beneficiary who was dead at the time the will was executed, the gift is void. In Ohio, the rules that apply to lapsed gifts (anti-lapse statute, surviving residuary beneficiaries rule) also applies to void gifts.
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