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Bar Exam Construction and Gift Failure Flashcards

Master 11 construction and gift failure concepts for the Bar Exam.

Question

What is the effect under the common law rule of lapse if a beneficiary dies before the testator?


Question

What relationship between the testator and the intended beneficiary is typically required for an anti-lapse statute to apply?


Question

Under the identity theory, what happens when specifically bequeathed property is no longer in the testator’s estate at death?


Question

When does a specific devisee receive insurance proceeds after property is destroyed, despite ademption?


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