MARVIN MANDEL, Governor                                      63

SUBTITLE 4. RULES RELATING TO LEGACIES.
4-401. LEGATEE FAILING TO SURVIVE TESTATOR BY 30 DAYS.

A LEGATEE, OTHER THAN HIS SPOUSE, WHO FAILS TO
SURVIVE THE TESTATOR BY 30 FULL DAYS IS CONSIDERED TO
HAVE PREDECEASED THE TESTATOR, UNLESS THE WILL OF THE
TESTATOR EXPRESSLY CREATES A PRESUMPTION THAT THE LEGATEE
IS CONSIDERED TO SURVIVE THE TESTATOR OR REQUIRES THAT
THE LEGATEE SURVIVES THE TESTATOR FOR A STATED PERIOD IN
ORDER TO TAKE UNDER THE WILL AND THE LEGATEE SURVIVES FOR
THE STATED PERIOD.

REVISOR'S NOTE: This section presently appears as
Art. 93, §4-401, The only changes are in
language.

4-402. PRESUMPTION THAT WILL PASSES ALL PROPERTY.

THERE IS A PRESUMPTION THAT A WILL PASSES ALL
PROPERTY THE TESTATOR OWNS AT THE TIME OF HIS DEATH.
THIS INCLUDES PROPERTY ACQUIRED AFTER THE EXECUTION OF
THE WILL.

REVISOR'S NOTE: This section presently appears as
Art. 93, §4-402. The only changes are in
style and language.

4-403. LAPSE.

(A) DEATH OF LEGATEE PRIOR TO TESTATOR.

UNLESS A CONTRARY INTENT IS EXPRESSLY INDICATED IN
THE WILL, A LEGACY MAY NOT LAPSE OR FAIL BECAUSE OF THE
DEATH OF A LEGATEE AFTER THE EXECUTION OF THE WILL BUT
PRIOR TO THE DEATH OF THE TESTATOR[[.]] IF THE LEGATEE
IS:

(1)     ACTUALLY AND SPECIFICALLY NAMED AS
LEGATEE;

(2)   DESCRIBED OR IN ANY MANNER REFERRED TO,
DESIGNATED, OR IDENTIFIED AS LEGATEE IN THE WILL; OR

(3)    A MEMBER OF A CLASS IN WHOSE FAVOR A
LEGACY IS MADE.

(E) EFFECT OR DEATH OF LEGATEE.

A LEGACY DESCRIBED IN SUBSECTION (A) SHALL HAVE THE
SAME EFFECT AND OPERATION IN LAW TO DIRECT THE
DISTRIBUTION OF THE PROPERTY DIRECTLY FROM THE ESTATE OF
THE PERSON WHO OWNED THE PROPERTY TO THOSE PERSONS WHO
WOULD HAVE TAKEN THE PROPERTY IF THE LEGATEE HAD DIED,