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Gifts that Fail in a Will
Oct 23, 2013

Remember that any legacy or gift in your will could fail for many reasons

Reasons that Gifts in a will May fail:
  • If your will states that you are leaving an asset to someone and you no longer have the asset or  the asset no longer exists, then the gift fails, or is in ademption.
  • If you leave a gift to a person who is a witness to your will
  • If the gift is not clearly identified in your will or it does not clearly identified in your will or it does not conform to its description in the will
  • Your gift lapses or no longer applies if the beneficiary dies before you do. If this happens, or if the beneficiary refuses to accept the gift, your gift goes back to your residuary clause - or if you do not have residuary clause, into intestacy. your gift will not lapse, however, if the beneficiary is a child of yours who has died and you have other children, as the gift will then go to the surviving children.