Connecticut Renunciation of Legacy to give Effect to Intent of Testator
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How to fill out Renunciation Of Legacy To Give Effect To Intent Of Testator?
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FAQ
Anti-lapse statutes are laws enacted in every state that prevent bequests from lapsing when the intended beneficiary has relatives covered by the statute.
If my nephew predeceases me, this gift will lapse.? In this example, if John is living when the person creating the Will dies, then John will receive the $5,000. If John has already died, the gift to John ceases and will go to someone else named elsewhere in the Will or as determined by law.
Anti-lapse statutes prevent this from occurring in many circumstances involving relatives. For example, let us say Rachel bequests her $10,000 to her sister Eilene, but Eilene dies before Rachel. In all states, the anti-lapse statute would allow Eilene's kids to take the $10,000.
At common law, the "no residue of a residue" rule controlled when a residuary gift lapsed. This meant that the lapsed residuary gift would fall into the intestate estate, rather than pass to the remaining residuary beneficiary, if any.
45a-318 in 1991; P.A. 93-407 added provision permitting decedent, in a duly acknowledged writing, to designate person other than next of kin to have custody and control of his remains; P.A. 94-25 deleted phrase ?for the time being? in Subsec. (a); P.A.
The act, by the personal representative of a deceased person's estate, of transferring a legacy, or all or part of the residuary estate, to a beneficiary. An assent should only take place once the personal representative is satisfied that: The beneficiary is entitled to the legacy or share in the residuary estate.
Under common law, if a person devised a gift to a devisee and the devisee passed prior to the testator, the gift would ?lapse? or fail, leaving the property to intestacy laws.
Connecticut's "anti-lapse" statute drafted in 1821, provided that the beneficiary's surviving children would take the bequest unless the will effectively directed another result. The crucial question therefore was whether the affirmative condition "if she survives" negated operation of this default statute.
