Legal Question in Wills and Trusts in Maryland

Re: Last Will and Testament - Lapsed Legacy

A lapsed legacy is a legacy that has failed. For futher definition see Billingsley vs. Tongue, 9 Md. 575 (1856). Per 4-403, Maryland has what is referred to as an anti-laspe statute which tends to save most legatees-those who were to take in the future-who die before the testator-the one who is giving over the property through a will. The secific provisions of the will will determine whether anti-lapse applies, also are issues that arise with the type of legacy, applicable devices or bequests and applicable timing issues, etc.

If you are encoutering a specific issue with a legacy that someone has claimed to have lapsed, it is advisable that you consult an attorney. Estates and trust matters are often complex and specific wording may change the outcome. The answer as to laspe is a technical question as well as the applicability of anti-lapse. Maryland's case law in this area is rich and detailed.

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G. Joseph Holthaus

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