What occurs when a beneficiary dies before the testator in a common law jurisdiction?

Prepare for the Real Property Multistate Bar Exam with detailed quizzes, flashcards, and multiple choice questions. Each question includes hints and explanations to help you understand key concepts and excel in your test!

In common law jurisdictions, when a beneficiary dies before the testator, the general rule is that the gift is considered void or lapses. This principle is based on the notion that the testator's intention must be honored, and if the named beneficiary is not alive to receive the gift at the time of the testator’s death, the gift cannot be conveyed as intended.

If the gift lapses, it does not automatically pass to the beneficiary's estate, nor does it go to the remaining heirs or the spouse of the deceased beneficiary, unless there is a specific provision in the will addressing what happens in the event of such a situation. In many cases, the gift would simply fail, and the testator’s estate would be distributed according to the terms of the will or, if there is no applicable provision, according to the laws of intestacy.

Thus, the correct answer highlights the principle that the gift is void when the beneficiary predeceases the testator in such jurisdictions, reflecting established rules on the succession of property through a will.

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